The so-called well-known trademarks refer to those trademarks that have great market value and commercial value, are recognized by the public, and are registered in accordance with the law. Most of China's famous trademarks are brands within a regional scope. Many of them are selected as first-class trademarks by provinces and cities, and then they will also appear in local regulations. Many people will have a question: can a famous trademark be transferred? What are the conditions for transferring a trademark?
Famous trademarks can also be transferred, given away or sold in accordance with the law. Regarding the transfer of famous trademarks, the legislation of each place will have the following restrictions and regulations in different ways.
The first point: After transferring a famous trademark, the famous trademark qualification of the trademark will be automatically cancelled.
"Hebei Province Famous Trademark Recognition and Protection Regulations" stipulates: "If a famous trademark registrant transfers his registered trademark in accordance with the law, the famous trademark qualification of the trademark will automatically be lost";
"Zhejiang The Provincial Regulations on the Recognition and Protection of Famous Trademarks stipulates: “If the owner of a famous trademark in Zhejiang Province transfers his famous trademark in Zhejiang Province in accordance with the law, the Zhejiang Province famous trademark qualification of the trademark shall be re-identified in accordance with the provisions of these regulations”;
"Measures for the Recognition and Protection of Famous Trademarks in Beijing" stipulates: "If a trademark owner transfers its famous trademark, the qualification of the famous trademark will be automatically lost. Except for non-trading transfers due to corporate restructuring";
" Article 28 of the Interim Measures for the Identification and Protection of Famous Trademarks in Shandong Province stipulates: “If the owner of a famous trademark transfers his famous trademark in accordance with the law, the famous trademark qualification of the trademark shall be re-identified in accordance with the provisions of these Measures.”
Second point: The transfer of famous trademarks requires certain approval procedures.
The "Interim Measures for the Recognition and Protection of Famous Trademarks in Shanghai" stipulates: "Anyone who commits any of the following acts may report it to the Recognition Committee. After verification by the Recognition Committee, the Shanghai Municipal Administration for Industry and Commerce shall Order them to make corrections within a time limit, and in serious cases, revoke their famous trademark qualifications and transfer their trademarks for free or at a low price, or transfer their trademarks in joint ventures, cooperations, and joint ventures without approval from the assessment and relevant industrial and commercial administrative agencies.
< p>Third point: The transfer of famous trademarks requires registration.The "Hunan Provincial Measures for the Recognition and Protection of Famous Trademarks" stipulates: "In any of the following circumstances, the owner of the famous trademark shall comply with the provisions of the People's Republic of China*. **Go through relevant procedures in accordance with the provisions of the Trademark Law of the People's Republic of China and its Implementing Regulations, and report to the provincial industrial and commercial administration department for record: (2) The owner of a famous trademark transfers his famous trademark in accordance with the law; (3) The owner of a famous trademark licenses it to others in accordance with the law using its famous trademark. ”
The transfer process of famous trademarks is more cumbersome than that of ordinary trademarks, and companies need to be more cautious. Whether it is a company or an individual, it is best to entrust a relevant agency platform to handle it to improve the success rate of trademark transfer. For example If you have any questions, please contact Bajie Intellectual Property Trademark Network