Current location - Trademark Inquiry Complete Network - Trademark inquiry - Who owns the trademark after the trademark transfer is notarized?
Who owns the trademark after the trademark transfer is notarized?
After the trademark registration and transfer, the original trademark registrant no longer enjoys the exclusive right to use the trademark and cannot continue to use it. According to Article 42 of the Trademark Law, if a registered trademark is transferred, the transferor and the transferee need to sign an assignment agreement. After the transfer of a registered trademark is approved, it shall be announced. The transferee shall enjoy the exclusive right to use the trademark from the date of announcement. Trademark is an intangible property, which, like tangible property, can be freely transferred according to the will of the trademark owner within the scope permitted by law. Transferring its registered trademark to others means that the subject of the registered trademark changes, and the owner of the transferred trademark is no longer the original registrant, and no longer enjoys the rights of exclusive use, use and disposal. The above trademark rights shall be enjoyed by the transferee.

The transfer of a registered trademark not only leads to the transfer of trademark rights between the transferor and the transferee, but also affects the interests of interested parties such as the licensee of a registered trademark and the interests of consumers. In order to ensure the legal transfer of a trademark and protect the interests of interested parties and consumers, when transferring a registered trademark, the assignor and the assignee shall sign an assignment agreement. After the transfer of a trademark, it is an illegal act that the original trademark registrant continues to use the trademark for commodities, commodity packaging or containers, commodity trading documents, or uses the trademark for commercial activities such as advertisements and exhibitions without permission. According to Article 57 of the Trademark Law, without the permission of the trademark registrant, using a trademark identical to its registered trademark on the same commodity or using a trademark similar to its registered trademark on the same commodity is an infringement of the exclusive right to use a registered trademark.

To sum up, after the trademark is transferred, it may not be used again without the permission of the trademark registrant.