What is the domestic trademark transfer process? What is trademark transfer?
With the increase of trademark registration in China, a large number of accumulated trademarks can be traded and redundant trademarks can be purchased, which is called trademark transfer in trademark business. If you have extra trademarks that you want to transfer, you can refer to our article "How does the domestic trademark transfer process help you transfer trademarks better". 1. What is domestic trademark transfer? Trademark transfer is the act that a trademark registrant transfers the exclusive right to use a trademark to others in accordance with legal procedures. Article 42 of the Trademark Law stipulates that if a registered trademark is assigned, the assignor and the assignee shall sign an assignment agreement and file an application with the Trademark Office. The transferee shall enjoy the exclusive right to use the trademark from the date of announcement. Where a registered trademark is transferred, the trademark registrant shall transfer the similar trademark registered on the same commodity or the same or similar trademark registered on similar commodities. The Trademark Office shall not approve the assignment that is likely to cause confusion or have other adverse effects, and shall notify the applicant in writing and explain the reasons. 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. 2. Domestic trademark transfer process: application-acceptance-examination-announcement-issuance of transfer certificate 3. Types of domestic trademark transfer: Domestic trademark transfer generally includes the following situations: contract transfer, subsequent transfer, and transfer due to administrative orders. 1 Both parties negotiate to transfer the registered trademark to others; The exclusive right to use a trademark is transferred due to enterprise merger, merger or reorganization; If the exclusive right to use a trademark is transferred according to a court decision, the transfer formalities shall also be handled; When transferring a trademark, it shall also transfer the similar trademark applied for registration. To transfer a registered trademark, certain procedures shall be performed according to law, and the transfer registration shall take effect only after it is approved by the Trademark Office. Transferring a registered trademark without going through the relevant formalities with the Trademark Office is an act of transferring a registered trademark by itself. According to the provisions of the trademark law, it will be subject to administrative punishment, which may even lead to the revocation of registered trademarks.