I heard a word recently: trademark transfer rights. What does this mean? The editor has compiled the trademark transfer rights to share with you. Welcome to read, for reference only! Trademark transfer rights

Trademark transfer right refers to the right that the trademark owner enjoys in accordance with the law to transfer his registered trademark to others in accordance with legal procedures and conditions.

When transferring a registered trademark, the transferor and the transferee shall sign a transfer agreement and submit applications to the Trademark Office at the same time. The trademark registrant shall transfer the same or similar trademarks registered on the same or similar goods together; if they are not transferred together, the Trademark Office shall notify the trademark registrant to make corrections within a time limit; if the trademark registrant fails to make corrections within the time limit, it shall be deemed to have given up the transfer of the trademark. When applying for a registered trademark, the Trademark Office shall notify the applicant in writing. 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. The transferee shall ensure the quality of the goods using the registered trademark. The transfer of a registered trademark will not affect the validity of the trademark license contract that was in effect before the transfer, unless otherwise agreed in the trademark license contract. Overview of the right to transfer trademarks

According to Article 39 of the Trademark Law: To transfer a registered trademark, the transferor and the transferee shall sign a transfer agreement and file an application with the Trademark Office at the same time. The transferee shall ensure the quality of the goods using the registered trademark. After the transfer of a registered trademark is approved, it will be announced. The assignee shall enjoy the exclusive right to use the trademark from the date of announcement. According to Article 25 of the "Regulations for the Implementation of the Trademark Law", when a registered trademark is transferred, the transferor and the transferee shall submit an application for transfer of a registered trademark to the Trademark Office. The procedures for transferring a registered trademark application shall be handled by the transferee.

When a registered trademark is transferred, the trademark registrant shall transfer the same or similar trademark registered on the same or similar goods together; if it is not transferred together, the Trademark Office shall notify the trademark registrant to make corrections within a time limit. ; If no correction is made upon expiration of the time limit, the application for transfer of the registered trademark will be deemed to have been abandoned, and the Trademark Office shall notify the applicant in writing.

For applications for transfer of registered trademarks that may cause misunderstanding, confusion or other adverse effects, the Trademark Office will not approve the application and will notify the applicant in writing and explain the reasons.

The transfer of a registered trademark is a form for the trademark owner to exercise its trademark rights. Trademark transfer is based on the voluntary basis of both parties. As long as it is within the scope permitted by law, no unit or individual has the right to interfere. However, the transfer of a registered trademark can only be effective if the conditions and procedures stipulated in the Trademark Law are complied with. Characteristics of trademark transfer

First of all, trademark transfer is a legal act between both parties. Both the transferor and the transferee must express the same intention. It can be paid or free, but generally it is a paid transfer. Secondly, a written transfer contract must be concluded for trademark transfer.

Third, the trademark registrant must transfer identical or similar trademarks registered on the same or similar goods together to prevent confusion about the source of the goods. This is also stipulated in Article 25 of the Implementation Regulations of my country’s Trademark Law.

Fourth, if the registered trademark owner has licensed others to use its registered trademark, it must obtain the consent of the licensee before transferring the registered trademark to a third party. Otherwise, the registered trademark owner should not apply for transfer of the registered trademark. This is It is mainly to protect the interests of the licensee, because the licensed use itself is based on the reputation of the trademark owner and the agreement reached based on the trust of the licensee in the licensor. If the licensor transfers the trademark without authorization, this will Desirable existence loses its foundation. Although the current trademark regulations do not clearly stipulate this, from the perspective of protecting trademark users, the consent of the licensee should be obtained. The trademark licensee can obtain this right through contractual agreement.

Fifth, the transfer of a trademark must be registered and approved before it becomes legally effective. The Trademark Office may not approve or reject an application for transfer registration that may cause misunderstanding, confusion or other adverse effects. Therefore, my country adopts an approval system for trademark transfer. Only after approval and announcement can the assignee obtain trademark rights.

In terms of trademark transfer, Commonwealth countries stipulate that trademark transfer requires registration. The Trademark Law of Taiwan of my country stipulates that a trademark can only be transferred together with the business operation. The "European General Trademark Regulations" have more detailed provisions on trademark transfer: 1. Trademark rights can be transferred in full or in part, with or without business operations, but all transfers of business operations must be together with The trademark is transferred together. 2. Except for judicial decisions, all trademark transfer activities must have a written contract, otherwise it will be invalid.

3. Trademark transfer must be registered with the competent department, otherwise it will be invalid; if the competent department believes that the relevant transfer activities may mislead the public, the registration should be rejected; but if the transferee agrees to limit the use of the trademark to a scope that will not mislead the public, then Registration should be granted. 4. The heirs of an unregistered transferee have no right to inherit the relevant trademark rights.

Since different countries have different regulations on trademark transfer, Article 21 of the TRIPS Agreement stipulates that trademark owners have the right to transfer their trademarks with or without the business to which the trademark belongs. This gives trademark owners a more flexible transfer method. However, the TRIPS Agreement does not involve other special issues regarding transfer. What process is required for trademark transfer

Generally speaking, trademark transfer requires the following processes and the provision of relevant materials:

1. The trademark transfer process includes: application, acceptance, review, announcement, and issuance Proof of transfer.

2. Documents required for trademark transfer:

(1) "Application for Transfer and Registration of Trademark";

(2) Transferor and Transferee The person's identity document (copy) (the company is the business license, which needs to be stamped with the official seal);

(3) If you entrust an agent, submit the "Agency Letter" issued by the transferee directly in the acceptance hall The original and copy of the identity card of the person in charge of the transferee shall be submitted for processing;

(4) If applying for transfer, relevant supporting documents shall also be submitted;

(5) Application If the document is in a foreign language, a Chinese translation signed and confirmed by the translation agency should also be provided.

Applicants can entrust an organization with trademark agency qualifications recognized by the State Administration for Industry and Commerce to act as an agent, or they can go to the Trademark Registration Hall of the State Trademark Office to apply directly.

The above is the trademark transfer rights provided by the editor. I hope you will like it! Trademark transfer