The transfer of trademark use rights refers to the right of the trademark owner to exclusively use the approved and registered trademark on the approved goods and obtain legitimate benefits. However, trademark owners sometimes transfer their trademark rights to obtain property rights based on various subjective and objective reasons. So, how should trademark rights be transferred?
Article 26 of my country’s Trademark Law stipulates: “A trademark registrant may license others to use its registered trademark by signing a trademark license contract, and the licensor shall supervise the quality of the goods used by the licensee using the registered trademark. The licensee shall ensure the quality of the goods using the registered trademark. If the goods are licensed to use the registered trademark of others, the name of the licensee and the origin of the goods must be marked on the goods. The trademark license contract shall be filed with the Trademark Office. "Based on this, you can license others to use your registered trademark and charge royalties based on the principle of equal value. However, while enjoying your rights, you must also bear obligations in accordance with the provisions of the Trademark Law. Including: supervise and take necessary measures to ensure the quality of the products used by the licensee using your registered trademark. The registered trademark may not be transferred to a third party without the consent of the licensee. Registration shall not be abandoned and trademark cancellation shall not be applied.
The trademark license contract should include the following contents:
1. The names and addresses of both parties. Among them, the licensee must be an enterprise registered in accordance with the law and able to independently bear civil liability. , individual industrial and commercial households or public institutions with legal person status.
2. The registered trademark name and registration certificate number permitted to be used.
3. Product categories and names that are permitted to use registered trademarks.
4. Specific measures to ensure the quality of the licensee’s products.
5. Period of use.
6. Amount of usage fee and method of payment. After signing a trademark license contract, a copy shall be submitted to the local industrial and commercial administration department for record, and the industrial and commercial administrative department shall submit it to the State Trademark Office for record.
Although the cost of trademark transfer is relatively high, during the transfer of trademark use rights, not all trademarks have a higher transfer price, and not all trademarks with a higher transfer price can be used. Therefore, during the trademark transfer process, it is necessary to select a trademark related to the industry so that the transferred trademark can be used for corresponding business activities. Among the many trademark transfer platforms, intellectual property resources are more abundant and the amount of information is also large. If you have needs in this area, you can go to Intellectual Property and have a look. Trademark rights transfer, trademark license, trademark transfer price