After the trademark registration and transfer, the original trademark registrant no longer has the exclusive right to use the trademark and may not continue to use the trademark. Unless otherwise agreed by the parties. According to the provisions of Article 42 of the Trademark Law, if a registered trademark is transferred, the assignor and the assignee shall sign an assignment agreement. The transfer of a registered trademark shall be announced after approval. The transferee shall enjoy the exclusive right to use the trademark from the date of announcement.
Like tangible property, a trademark is an intangible property, and the trademark owner can freely transfer it within the scope permitted by law. Where a registered trademark is transferred to another person, the registered trademark is transferred to the subject of the registered trademark. After the transfer of the trademark, the ownership no longer belongs to the original registrant, and the original registrant can no longer enjoy exclusive rights, use rights, disposal rights and other rights. The transferee shall enjoy the above trademark rights.
the transfer of a registered trademark will not only transfer the trademark right between the transferor and the transferee, but also affect the interests of interested parties such as the licensee of the registered trademark and the interests of consumers. In order to ensure the legal transfer of trademarks and protect the interests of interested parties and consumers, the assignor and the assignee shall sign an assignment agreement.
after the transfer of a trademark, it is illegal for the original trademark registrant to continue to use commodities, commodity packages, containers and commodity transaction documents without permission, or to use the trademark in commercial activities such as advertisements and exhibitions, thus infringing on the exclusive right to use a registered trademark. According to Article 57 of the Trademark Law, without the permission of the trademark registrant, using a trademark identical to its registered trademark on the same commodity or using a trademark similar to its registered trademark on the same commodity is an act of infringement of the exclusive right to use a registered trademark.
according to the analysis and summary in the above small series, we know that after the trademark is transferred, it cannot be used again without the permission of the trademark registrant.