Is the trademark transferable? What are the circumstances of trademark transfer? The transfer of a registered trademark refers to the act that a trademark registrant legally transfers his exclusive right to a trademark to others within the validity period of a registered trademark. Trademark assignor and assignee need to apply to the Trademark Office at the same time. Then, can the trademark be transferred? What are the circumstances of trademark transfer? Please introduce it in detail below.

trademarks are transferable. It should be noted that in the process of trademark transfer, it is agreed that similar trademarks registered on goods or identical or similar trademarks registered on similar goods should be transferred together.

Generally, there are the following ways of trademark transfer: contract transfer, inheritance transfer and transfer due to administrative orders.

I. contract assignment

contract assignment refers to the act of transferring a registered trademark by signing an assignment agreement between the assignor and the assignee. The assignor specifies the contents, rights, responsibilities and liabilities for breach of contract of the registered trademark through the contract. This transfer method is generally paid, and the transferor collects a certain transfer fee by transferring the exclusive right of a registered trademark.

ii. transfer by inheritance

there are two situations in which a registered trademark is transferred: (1) after the owner of the registered trademark (natural person) dies, that is, after the end of his life, the successor inherits the registered trademark owned by the deceased according to the inheritance procedure; (2) when the company is merged, it is transferred when the company that is the owner of the registered trademark is merged or merged.

III. Transfer due to administrative orders

This transfer method usually occurs in publicly owned China. The administrative orders mentioned here usually lead to asset management plans and administrative orders. For example, if the state-owned enterprises in China are divided, merged, dissolved or transferred according to administrative orders, the core of registered trademarks will definitely change.

in practice, a large number of registered trademarks are transferred through contracts. A registered trademark obtained by a company through transfer shall go through certain procedures according to law and take effect after being approved by the Trademark Office. Transferring a registered trademark without going through the relevant formalities with the Trademark Office is an act of rotation of a registered trademark. According to the provisions of Article 44 of the Trademark Law, it will be subject to administrative punishment. If the circumstances are serious, it may also lead to the cancellation of the registered trademark.