Once approved by the Trademark Office, a trademark is a unique right of an enterprise or individual. Anyone who uses the trademark without permission needs to bear corresponding legal responsibilities. In serious cases, he will also need to bear criminal liability. However, if a company uses the trademark with the consent of the trademark owner, it will not be regarded as trademark infringement. Trademark licensing or trademark transfer are legal ways to obtain the right to use the trademark. So under what circumstances are transactions not allowed when a trademark is transferred?

①Trademark registration certificate expires

Generally, after the trademark is successfully registered, the trademark registrant can use the trademark in the market. The validity period is ten years, and it will be valid for 12 months before expiration. Enterprises need to start preparing to renew or extend the validity period of the trademark or extend it within 6 months after the trademark expires. After that, the trademark is still valid for ten years, and so on.

Assuming that the trademark validity period has not been renewed or extended, or the registered trademark has not been used for three consecutive years, and the trademark has been canceled by the Trademark Office, in these cases, the trademark cannot be transferred.

② Changing the text, graphics and combination of the registered trademark without authorization

If the text, graphics and combination of the trademark at the time of trademark transfer do not correspond to those at the time of trademark registration, If there are any changes, the trademark cannot be transferred.

③ Changing the name, address, and other matters of the registrant without the approval of the relevant departments without completing the change procedures;

④ May cause misunderstanding, confusion or other Adverse effects on transfer of registered trademark applications.

After long-term use, a registered trademark may have become well-known to the relevant public, and consumers may associate products using the same registered trademark.

⑤The trademark registrant does not transfer the same or similar trademarks registered on the same or similar goods.

Why does personal trademark transfer need notarization?

The "Trademark Law" has clearly stated that the transferred registered trademark must be registered with the Trademark Office of the State Administration for Industry and Commerce. Transfer without registration is an invalid transfer. However, the Trademark Law does not provide relatively detailed provisions for the notarization of personal trademark transfers.

Notarization is to ensure the legitimate rights and interests of the transferor and the transferee of a personal trademark transfer as much as possible. Notarization can not only ensure the authenticity of the registered trademark, but also notarize the transfer contract, which is more effective Legal benefits.