It can be said that milk tea shops are blooming everywhere in 2020. Not only the existing milk tea that is well-known to the public, but also some new stars, using their own advantages to capture consumers. The competition in milk tea shops has always been fierce, but because milk tea is not a staple food, there is no limit on how many cups a day can have. It is indeed an industry where profits are guaranteed.

From the trademark encyclopedia, we can find out that the categories involved in registering or transferring milk tea shop trademarks are Class 29-2907-Milk and dairy products, Class 43-4301-Providing catering, accommodation services and Category 35 advertising that needs to be considered as a milk tea shop promotion; business operations; business management; office affairs.

In trademark transfer, we all know that the two parties to the transfer need to sign a trademark transfer contract first after the communication is completed, and add the completed negotiations between the two parties into the contract. But this does not mean that the trademark belongs to the transferee. The transferee does not have the exclusive rights to the trademark at this time, so what other conditions need to be met?

① Is the trademark transfer contract a mandatory contract or a non-essential contract?

The so-called mandatory contract refers to a contract that the law stipulates that the contract must have a specific form to be established or effective. Therefore, according to the provisions of Contract Law 39, whether the trademark transfer contract can be regarded as a formal contract, this is not the case.

Article 36 of the "Contract Law" stipulates that if laws, administrative regulations or the parties agree to conclude a contract in written form, and the parties do not use written form but one party has performed its main obligations and the other party has accepted it, the contract shall established. However, Article 39 of the Trademark Law stipulates that "the transferor and the transferee shall sign a transfer agreement" does not mean that the trademark transfer contract is a formal contract. Assuming that the transferor and the transferee verbally agree to transfer a certain trademark, and the transfer is the true expression of intention of both parties, the above-mentioned trademark transfer should be considered valid.

②The establishment and effectiveness of a trademark transfer contract

Whether a trademark transfer contract is established or not is purely a matter of fact. Its significance is to identify whether the contract already exists and whether the contract is this contract and not another. Contracts (i.e. typification of contracts), and the distinction between contractual and de facto conduct.

The "Contract Law" clearly stipulates that a contract shall be established on the date when the commitment is achieved. As far as the trademark transfer contract is concerned, the trademark transfer contract shall naturally be established on the date when the commitment is achieved. The validity of a trademark transfer contract means that the trademark transfer contract meets the statutory validity conditions (the subject is legal, the content is legal, the expression of intention is true and voluntary, and the form is legal) and is legally binding on the parties.

Whether a contract is effective or not is a matter of legal value judgment. Its significance is to identify whether a certain contract complies with the spirit and provisions of the law, and thus can obtain the validity recognized by the law. As far as trademark transfer contracts are concerned, under normal circumstances, the trademark transfer contract will take effect immediately upon its establishment, unless the parties to the trademark transfer contract set other conditions or time limits for the contract to take effect.

③Transfer of trademark exclusive rights

The establishment and effectiveness of a trademark transfer contract only indicates that the trademark transfer contract is binding on both parties in accordance with the law, but this does not indicate that the trademark rights have been transferred. . Article 39 of the Trademark Law clearly stipulates that after the transfer of a registered trademark is approved, it will be announced, and the transferee will enjoy the exclusive right to use the trademark from the date of announcement.

It can be seen that the relationship between the transfer of trademark rights and the establishment and effectiveness of the trademark transfer contract should be that the establishment and effectiveness of the trademark transfer contract is the prerequisite for the transfer of the exclusive right to trademark, but conversely, the trademark transfer The establishment and effectiveness of a contract does not necessarily lead to the transfer of exclusive rights to a trademark. The transfer of the exclusive right to use a trademark is publicized upon approval and announcement by the trademark authority, and credibility is generated based on the above publicity.