Trademark registration and trademark transfer have become the only way to obtain a trademark nowadays. Trademark registration and trademark transfer are different in nature, and the methods of obtaining trademarks are also different. So today the editor of Goutian.com will We will focus on introducing you to the issues in trademark transfer.

In the process of trademark transfer, the status of the trademark transferor and the transferee is very different. The rights and interests of the transferee are often in a position that is extremely vulnerable to damage. Therefore, the parties to the trademark transfer (referring to the transfer Both the transferee and the transferee should proceed with every step of the transfer process with great caution, and should consult industry veterans to confirm that risks are minimized. Next, let’s take a look at the common issues in trademark transfer!

1. The problem of illegal transfer

I believe that many parties who have experienced trademark transfer have experienced this to a greater or lesser extent. Illegal transfer means that the transferor of a registered trademark is not the owner of the registered trademark. (For example, A very simple example is that a trademark registered by an enterprise belongs to the owner of the enterprise and does not belong to a single individual) or the trademark is secretly transferred through fraud or other unfair practices without the consent of the owner of the registered trademark right. Note: "Due to the objective gaps in existing trademark transfers, it is not too difficult to do this." Although legal channels can be used to deal with and protect the interests of trademark rights holders in the future, the parties involved will suffer The losses cannot be compensated!

2. The issue of invalid transfer

Invalid transfer means that the transfer of a registered trademark does not meet the conditions stipulated in the Trademark Law. For example: although the transfer parties have signed a trademark transfer agreement and the transferee has paid the trademark transfer fee, However, the trademark transfer was not approved by the Trademark Office. Therefore, the transfer of the trademark is invalid. Since the trademark was not transferred successfully, the owner of the registered trademark has not changed, because the Trademark Office takes 6-8 years to review trademark transfers. Months, plus after the transferor and the transferor sign the transfer agreement, they need to pay the transfer fee and prepare relevant documents and materials. Therefore, after the trademark transfer agreement is signed, it cannot be immediately determined whether the registered trademark has been approved by the Trademark Office. During this period, the trademark If the rights are not determined, the transferee is extremely vulnerable to damage. If the trademark office or agent makes a mistake, they can still claim compensation, but the transfer fee for signing the agreement cannot be compensated.

3. Partial transfer issues

Partial transfer means that the transferor of a registered trademark does not transfer the rights related to the transferred trademark or other similar similar trademarks to the transferee, but intentionally or unintentionally preserves or conceals some similar trademarks. For similar trademarks, the transferor can still use other or similar trademarks normally after the trademark is transferred. This has caused substantial harm to the transferee. Although the Trademark Office has relevant treaties in order to avoid this situation (see the details for details) : "Article 25, Paragraph 2 of the Trademark Law Enforcement Rules") However, one must be prepared to prevent bad actors from exploiting loopholes in the rules, thereby causing direct or indirect losses!

The above are the frequently asked questions about trademark transfer brought to you by Goutian.com. If you still don’t understand or have other questions, the Goutian.com platform is waiting for your arrival!