During the process of trademark transfer, you should pay attention to the following matters:

1. The transferor and the transferee must go to the Trademark Office together to handle the transfer procedures of the registered trademark

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Trademark transfer involves both the transferor and the transferee, so both parties must go to the Trademark Office to handle relevant matters together, and both parties are indispensable. Although the transfer agreement or transfer contract is not a required document in the transfer process, it still needs to be taken seriously. A considerable number of trademark transfers will involve signing a transfer agreement or contract to stipulate the rights and obligations of both parties.

2. Correctly understand the effective time of trademark transfer

The effective time of trademark transfer is the time when the Trademark Office approves and announces it, not the time when the contract is signed or other times as understood by ordinary people. . Therefore, if the transfer occurs due to other reasons such as inheritance, business merger, merger or restructuring, the party accepting the exclusive right to the registered trademark should go to the Trademark Office to handle the transfer procedures of the registered trademark. If the exclusive right to use a trademark is transferred in accordance with a court decision, the transfer procedures must also be completed. In reality, some relevant rights holders have caused a series of troubles because they do not know or understand this provision.

3. Both unregistered trademarks and registered trademarks can be assigned or transferred

Since September 15, 2002, trademarks that have been applied for but have not yet been approved for registration can also apply for transfer or transfer. transfer.

4. Pay attention to the status of the trademark at the time of transfer

First of all, you need to pay attention to the trademarks that have not been approved for registration, because the rights of the trademarks in the review process are not stable and there is a considerable possibility of being rejected. . The transferee may spend a lot of money to buy back a dead trademark that has been rejected. Although there is no risk of official rejection for registered trademarks, there are other risks. For example, if a trademark has been registered for three years but has not been used in the market, it may lead to the risk of being revoked by others. Or, the trademark may have gone through the pledge procedures and cannot be transferred before the pledge is released, etc. Therefore, you must confirm the status of the trademark before transferring it to prevent various risks.

5. Identical or similar trademarks registered on the same or similar goods should be transferred together

There is a basic principle for transferring registered trademarks, that is, the result of the transfer should not cause misunderstanding, confusion or other adverse effects.

6. Pay attention to responding to the notice of correction in a timely and correct manner

When reviewing the transfer application, the Trademark Office will issue a notice of correction to the applicant if it believes that there are matters that need to be corrected. If the applicant handles the application directly, the supplementary and correction notice will be mailed to the applicant; if the application is handled through an agency, the supplementary and corrective notice will be sent to the agency. In any case, the applicant must supplement the certificate within the time limit specified in the notice of supplementation. If the required corrections are not made within the prescribed time limit, the Trademark Office has the right to regard the transfer application as abandoned or not to approve it. In short, the transfer failed.

Hope the answer can help you!