Current location - Trademark Inquiry Complete Network - Trademark inquiry - Can the trademark be used after transfer?
Can the trademark be used after transfer?
After the transfer of a registered trademark, the transferor may not continue to use it. Unless otherwise agreed by the parties. According to the relevant laws and regulations, if a party transfers a registered trademark, it shall sign an assignment agreement and file it with the Trademark Office. After approval by the Trademark Office, it shall be announced. The transferee shall enjoy the exclusive right to use the trademark from the date of announcement.

legal ground

Article 42 of the Trademark Law of People's Republic of China (PRC)

Where 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 guarantee the quality of the goods using the registered trademark.

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 together.

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.