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Does the original owner still have the right to use the trademark after the transfer?

Nowadays, businesses are popping up all over the country with different growth trends. But it can be concluded that under the current development environment of entrepreneurial enterprises or operating enterprises, the development prospects are good. In addition, as e-commerce platforms become increasingly mature, more and more people choose to enter e-commerce platforms to create their own business value or open up their own business in our business market. Prior to these commercial activities, trademarks had become an important weapon in market competition. Whether you are entering an e-commerce platform or engaging in commercial activities, the need for trademarks is very necessary. Nowadays, the use of trademark transfer can quickly and effectively obtain a registered trademark, but it is precisely because more and more people are using trademark transfer. Because trademark issues are constantly exposed. Today, let’s talk about whether the original holder still has the right to use a trademark after it is transferred.

According to the relevant provisions of the Trademark Law, the trademark owner must sign a transfer agreement with the transferee before it can be considered a legal trademark transfer. After the Trademark Office approves the transfer procedures, it will make regular announcements. The time of this announcement also marks that the transferee has officially become the trademark owner and enjoys the exclusive rights to the trademark. In other words, after the trademark transfer is completed, the transferee becomes the new owner of the trademark. If the original trademark registrant still needs to use the original trademark for trademarks and services, it can negotiate and sign a license agreement with the transferee. The purpose of continued use can be achieved through licensing, but if the trademark owner does not allow the trademark to continue to be used for goods, and if the trademark is used for advertising, exhibitions or other commercial activities, it constitutes trademark infringement.

Trademark knowledge plays an important role in business operations. How an enterprise combines its own development plan with its own brand management and promotes the enterprise towards a better development trend is also a question worthy of consideration by the enterprise. If you want to pay more attention to matters related to trademark transfer, please visit the Bajie Intellectual Property Trademark Transfer website for consultation.