When transferring a trademark, it is necessary to check not only the legal entities of both parties, but also the transfer announcement of the trademark that is confirmed to be transferred. Does trademark transfer have to be announced? What is the function of trademark announcement?
As an intangible asset of an enterprise, a trademark has a certain hidden value. What are the reasons for a successful trademark transfer? The trademark announcement shall notify the public when the Trademark Office approves the trademark transfer application. The purpose of the announcement is to notify the public that the subject of trademark rights has changed, the new subject has obtained the exclusive right to use the trademark, and the trademark assignee has obtained the legal certificate of the exclusive right to use the trademark.
The trademark announcement period is 3 months, and there is no objection. The Trademark Administration also officially issued a certificate for the trademark, and the trademark transfer was completely completed. The trademark transfer announcement time is generally divided into three stages: the first stage is that you can receive an online review notice within 15 days after the trademark is transferred; the second stage is that you should receive the registered trademark certificate 6 or 8 months after the application is accepted. The approval and transfer date of the registered trademark certificate is the effective date of the transfer registration.
If a trademark is obtained through trademark transfer, the trademark transferor and transferee shall sign a trademark transfer agreement. After the agreement is signed, the transferee can apply for the trademark. Now, if a trademark transfer is applied for, the transferee can use the trademark as a registered trademark, but the rights are still permissible. The transfer of a registered trademark must be notified to the trademark-related personnel in advance, and the transferee shall have exclusive rights to the trademark from the date of announcement.
Trademark registration is a process from scratch, and the success rate is not particularly high. Naturally, it is better to allow trademark applications. However, as the number of trademark applications increases, the Trademark Office’s verification of related trademark applications becomes more and more stringent, resulting in the probability of trademark approval becoming smaller and smaller. Therefore, trademark application is not easy, and the risk of trademark transfer is relatively small. The trademark transfer announcement is a countermeasure that needs to be taken after the trademark transfer. The lack of this step will violate legal procedures.
Generally speaking, trademark transfers should be made public. According to relevant laws and regulations, when transferring a registered trademark, the transferor and the transferee should sign a transfer contract and submit applications to the Trademark Office at the same time. The registered trademark transfer will be announced after approval.