In our daily life, we will observe that there will be a small "tm" sign on the outer packaging of many products. Many people will be curious, what does this sign mean? If you want to own such a trademark, how can you get it? Is tm trademark transfer legal? Today, intellectual property has sorted out the following contents according to such problems. Let's take a look!

1. what is tm trademark?

"TM" is the initial capital of English trademark, which means "trademark". The reason why "TM" mark appears in some trademarks is because some countries have adopted the principle of "first use" in the history of trademark rights acquisition, and will mark "TM" on trademarks to explain that "the pattern is used as a trademark". However, the acquisition of trademark rights in China adopts the principle of "first registration", so the "TM" logo does not indicate the registration status of trademarks in China.

in fact, the "TM" logo has nothing to do with whether the trademark is registered or not. No matter whether it is unregistered, under application or registered, it can be marked with the "TM" logo as long as it does not infringe upon the rights of others and is not prohibited by law. There is no such thing as "TM trademark" in China's trademark law.

2. Is the transfer of tm trademark legal?

according to the provisions of the trademark law, both the applied trademark and the trademark in use can be transferred, and the holder of the trademark that has not been applied for does not enjoy the exclusive right to it, so it cannot be transferred.

However, if the unregistered trademark is regarded as a graphic work with rights without registration, and then TM trademark is transferred by copyright transfer, the unregistered "trademark" can be transferred to others.

3. Can tm trademark be authorized by other companies?

TM trademark can authorize other companies to act as agents, but some contents of the contract may not be binding and there may be great risks.

because unregistered trademarks do not enjoy the exclusive right to use registered trademarks, naturally, they cannot be granted to others. Although a "brand licensing agency contract" can be signed, because it does not enjoy the corresponding rights of trademarks, the "brand licensing agency" is only about the purchase and sale of goods, and does not involve the disposal of trademark rights.

sometimes, if the agent finds that the authorized trademark is not actually registered, he may go directly to register, and if the merchant wants to continue to use it after discovering it, he will have to pay a considerable transfer fee. Can tm trademark be used? It is very risky to authorize a brand agent when the trademark is not registered.

there is still a lot of knowledge about tm trademarks, and you can consult a professional intellectual property consultant. Tm trademark transaction tm trademark transfer