Trademark transfer is an act by which the trademark owner transfers the exclusive right to use the trademark to another party in accordance with legal procedures during the validity period of the registered trademark. What are the methods of trademark transfer? According to legal provisions and judicial practice, what are the restrictions on the transfer of registered trademarks?

1. What are the methods of trademark transfer?

Trademark transfer refers to the ownership of a registered trademark During the validity period of a registered trademark, a person transfers the exclusive right to use his trademark to another person in accordance with legal procedures. After transfer, the transferor loses the ownership of the trademark, and the transferee obtains the exclusive right to use the trademark and becomes the owner of the trademark.

According to the relevant provisions of my country’s Trademark Law, the transfer of registered trademarks generally takes the following forms:

1. Contract transfer

The transferor stipulates through a contract Transferring the contents of a registered trademark, mutual rights, obligations and liability for breach of contract, etc. This form of transfer is generally paid, that is, the transferor charges a certain transfer fee by transferring the exclusive right to the registered trademark.

2. Succession and transfer

There are two situations for the inheritance and transfer of a registered trademark:

(1) The death of the registered owner (natural person) After the death of the deceased, the heirs will inherit all the registered trademarks owned by the deceased according to the inheritance procedure.

(2) Succession and transfer when the enterprise as the owner of the registered trademark is merged or merged.

3. Transfer due to administrative order

This form of transfer generally occurs in countries with public ownership. The administrative orders mentioned here are mainly those plans and administrations that cause the transfer of property. For example, if my country's state-owned enterprises are divided, merged, disbanded or transferred according to administrative orders, the subject of registered trademarks will inevitably change.

2. What are the restrictions on the transfer of registered trademarks

1. Trademarks used for two similar goods may not be transferred separately. When the trademark registration specifies that the trademark can be used for two or more goods, if they are non-similar goods, the trademark for each goods can be transferred separately, but if they are similar goods, the trademark should be transferred entirely. Allowing such trademarks to be divided and transferred would violate the provisions of the Trademark Law, causing two trademark registrants to use the same trademark on similar goods at the same time, resulting in confusion of goods from different manufacturers.

2. The joint trademark cannot be divided and transferred. A joint trademark is a series of trademarks used by the same trademark owner based on business needs. It has similar characteristics. If one of the joint trademarks is allowed to be transferred separately, it will also happen that two trademark owners use similar trademarks on the same goods, causing confusion about the source of the goods.

3. Trademarks that are jointly owned by one owner shall not be transferred by one owner without the consent of other parties. Registered trademarks belong to two or more people. Sometimes, if each owner wants to transfer his or her share of the rights and interests, he or she must obtain the consent of the other owners.

4. Trademarks that have been licensed to others for use may not be transferred at will. If the trademark registrant has licensed others to use the trademark, if the exclusive right is transferred to a third party during the license period, the consent of the licensee must be obtained; and the transfer registration can only be processed after the original license contract is terminated.

5. If the legal procedures are not followed when transferring a registered trademark, the transfer will be invalid. The transfer of trademark rights is a formal legal act, and its establishment must be in the form required by law. If a party transfers a registered trademark on its own initiative, it shall be deemed invalid, and the Trademark Office may order the party to make corrections within a time limit or cancel its registered trademark. Trademark transfer