Everyone knows that when a registered trademark is transferred, it needs to be transferred in accordance with legal procedures. There are also certain acceptance conditions when transferring a trademark. So what are the conditions for trademark transfer in Hangzhou? Trademark transfer is an act by which a trademark registrant transfers the exclusive right to use a trademark to another party in accordance with legal procedures during the validity period of the registered trademark.
What are the restrictions on trademark transfer conditions in Hangzhou?
(1) Similar goods using the same trademark shall not be divided and transferred;
(2) The transfer of a registered trademark that has been licensed to others for use will not affect the use of the trademark that was in effect before the transfer. The validity of the license contract, unless otherwise agreed in the trademark license contract;
(3) A trademark owned by the same party shall not be transferred privately by any party;
(4) If the transfer of a registered trademark fails to comply with legal procedures, the transfer will be invalid;
(5) If the trademark transferee deceives consumers by shoddy manufacturing of goods, passing them off as inferior, and deceiving consumers during the use of the trademark, Its transfer of registration may result in revocation.
You should pay attention to the following issues when transferring a registered trademark:
1. Trademark transfer must be approved by the Trademark Office before it can be protected by law. Otherwise, the transfer will be deemed invalid. Article 42 of the Trademark Law stipulates: When transferring a registered trademark, the transferor and the transferee shall sign a transfer agreement and submit applications to the Trademark Office at the same time. The transferee shall ensure the quality of the goods using the registered trademark.
2. If a registered trademark is transferred together, the trademark registrant shall transfer all similar trademarks registered on the same goods, or identical or similar trademarks registered on similar goods. . This is also stipulated in Article 42 of the Trademark Law. For example, if you have three similar trademarks, if you want to transfer them, you must transfer them together. You cannot transfer just one or all of them.
3. If a third-party licensed trademark transferor is licensing others to use its registered trademark, it must obtain the consent of the licensee before transferring it to a third party. To put it simply, if you have a trademark that is used by others, if you want to transfer it at this time, you need the consent of others.
4. The transfer cannot be terminated. The transfer of a trademark cannot be suspended. Both parties have submitted an application. If it is to be revoked, it can only be transferred twice. The trademark can be transferred to the original transferor. This is the only method. .
5. If the transfer fails, the trademark under application can also be transferred, but if the application cannot be approved, the transfer will be unsuccessful. What should you pay attention to when buying trademarks in Hangzhou? Both parties to a trademark transfer must have a business license, and natural persons must have an individual license, otherwise they cannot apply. If the enterprise cancels or the individual dies, and the trademark transfer procedures are not completed within one year from the date of cancellation or death, the trademark transfer procedures can no longer be processed, and the trademark ownership will naturally disappear.
What are the conditions for trademark transfer in Hangzhou? We have answered this question for you here. If you have more questions about trademarks, you can continue to pay attention to intellectual property rights, or contact us by phone. Hangzhou Trademark Transfer Trademark Transfer Conditions