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After the trademark is transferred, does the original owner still have the right to use it?

At present, it is becoming more and more difficult to register a suitable trademark. Many companies choose to purchase a trademark directly, which also generates trademark transfer business. After a trademark is transferred, does the original owner still have the right to use it?

After the trademark is successfully transferred, the original holder will transfer the exclusive right to use the trademark and the right to use the trademark to the transferee. This clearly shows that the original trademark owner no longer has exclusive rights to the trademark at this time. According to the provisions of Article 42 of the Trademark Law, the trademark owner and the transferee must sign a transfer agreement before it can be considered a legal trademark transfer. After the entire transfer process is approved by the Trademark Office, it will be publicized for a period of time. The time of this announcement is also the symbolic time when the trademark right transferee has the trademark rights, and the trademark can be used directly.

After the transferee successfully accepts the trademark and completes the transfer, he becomes the new owner of the trademark. If the original holder needs to use the trademark or provide similar services, the original holder needs to negotiate and communicate with the transferee, sign relevant terms and conditions documents, and obtain permission before temporary use. If you continue to use the trademark for commercial activities without the permission of the assignee, it may be considered trademark infringement and requires our attention.

The transfer of a registered trademark is not only the parties involved in the transfer, but also has a greater impact on the original consumer group of the trademark and the original interests of the trademark in the market. The purpose of signing a trademark transfer agreement is not only to ensure the legality of the transfer process, but also to protect the rights and interests of the trademark owner and related consumers. From the perspective of market economy, trademarks can also be traded and generate interest value. A trademark can be viewed as a commodity. Trademark owners can transfer their trademarks within their legal authority according to their own ideas.

Details determine success or failure. Trademarks are of great significance to enterprises. Whether it is trademark transfer or trademark use, attention must be paid to these issues. For more details, please consult Bajie Intellectual Property Trademark Transfer Network!