How should the exclusive rights of a trademark be transferred? Is there any process to transfer a trademark? Let’s take a look at the following article brought to you by the editor: How to transfer the exclusive rights of a trademark? You may be one of them. required.

How to transfer a registered trademark?

(1) According to Article 25 of the Trademark Law, the transferor and transferee of a registered trademark must agree File an application with the Trademark Office.

(2) The transferor and transferee shall submit an "Application for Transfer of Registered Trademark" to the Trademark Office. The specific application procedures for transfer of registered trademark shall be handled by the transferee, and the transferor shall provide assistance.

(3) The Trademark Office will examine the application for transfer of a registered trademark, and if it meets the conditions, it will be approved, a corresponding certificate will be issued to the transferee, and it will be announced. The transfer of a registered trademark takes effect from the date the Trademark Office approves the transfer.

Notes on transferring registered trademarks

The transfer of a registered trademark refers to the legal act by which the trademark owner transfers all its exclusive rights to the trademark to others in accordance with the procedures prescribed by law. Article 39 of the Trademark Law: When a registered trademark is transferred, the transferor and the transferee shall sign a transfer agreement and submit applications to 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. ?

When transferring a trademark, the transferee should pay attention to the following matters to avoid harming its own interests:

1. Whether the trademark transferor is the owner of the registered trademark

If the transferor is not the owner of the trademark and does not enjoy the exclusive right to register the trademark, he will not have the right to transfer, which may result in the transfer being invalid. Therefore, the transferee should carefully confirm whether the owner of the registered trademark and the transferor are consistent before signing the contract. Simply checking the Trademark Registration Certificate provided by the assignor is not enough. Because a registered trademark may have been transferred, the transferred trademark transferee may not necessarily be shown on the "Trademark Registration Certificate"; for trademark transfers, the Trademark Office generally will not directly change the registrant on the "Trademark Registration Certificate", but A separate "Approved Trademark Transfer Certificate" is issued, which directly displays the name of the trademark transferee. Therefore, it is also necessary to ask the transferor whether the trademark has been transferred and whether there is a transfer certificate. To be on the safe side, it is best for the transferee to go to the Trademark Office to check the Trademark Registration Book to further confirm that it is correct.

2. Whether the registered trademark is within the validity period

The validity period of a registered trademark is ten years, calculated from the date of approval of registration. If you need to continue to use it after the expiration of the validity period, you should apply for renewal register. If the transferred registered trademark has expired and has not been renewed, and the transferor no longer has the exclusive right to register the trademark, then the transferee will naturally not enjoy the exclusive right to the registered trademark after the transfer.

3. Whether both parties have signed a written transfer agreement

Although the contract can be in oral, written or other forms, according to the provisions of the Trademark Law, when a registered trademark is transferred, the transferor and the transferee The transferor must sign a written transfer agreement. Otherwise, in the event of a dispute, the validity of the oral transfer contract will easily be negated. Without a written transfer agreement, if the transferor transfers it to another person and it is approved by the Trademark Office, the rights of the transferee will not be protected.

IV. Is it necessary to submit an application for transfer of a registered trademark to the Trademark Office?

The transferor and the transferee should *** apply to the Trademark Office for transfer of a registered trademark at the same time. The Trademark Office approves and announces it, and the assignee enjoys the exclusive right to use the trademark from the date of announcement. The application procedures for transferring a registered trademark shall be handled by the transferee, and the transferor shall be obliged to provide all necessary assistance. If a transfer application is not submitted to the Trademark Office, the transfer will not be effective.

5. Whether the same or similar trademarks of the transferor are transferred together

Paragraph 2 of Article 25 of the "Regulations for the Implementation of the Trademark Law" stipulates: If a registered trademark is transferred, the trademark The 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 registrant to make corrections within a time limit; if the registrant fails to make corrections within the time limit, the registration shall be deemed to have been abandoned. When applying for a trademark, the Trademark Office shall notify the applicant in writing. ?Therefore, the transferor must transfer the same or similar trademarks registered on the same type or similar goods together. He cannot transfer only a part, keep a part for himself, or transfer the other part to a third party.

What is the illegal transfer of trademark rights?

Since the second revision of the Trademark Law in 2001, due to various reasons, the phenomenon of piracy and illegal transfer of other people’s trademarks has become more and more serious, emerging one after another. It is shocking, especially the following forms are the most typical:

1. Trademarks that have been sealed and frozen by the court have been privately licensed for use, such as ?爱多?, ?IDALL? and other trademarks;

2. Before the company goes bankrupt and is liquidated, the original company employee violates the Bankruptcy Law and privately transfers the trademark to a third party;

3. Violates the agreement between the two parties and privately transfers the trademark to a third party, and some The enterprise is an insider, and the shareholders secretly transfer the trademark to a separate company;

4. After the state-owned or collective enterprise goes bankrupt and is deregistered, the person in charge of the original enterprise establishes a company with the same name and transfers the trademark under his/her name. To oneself or a third party;

5. Without the consent of the State-owned Assets Supervision and Administration Commission, the famous trademark is transferred to a third party at a low price without authorization; 6. The joint venture partner privately transfers the trademark of another joint venture partner to Under the name of oneself or an affiliated enterprise;

7. After the two parties signed the "Trademark License Contract" and filed it with the Trademark Office, the licensee privately transferred the trademark to his own name;

8. The distribution agent privately transfers the agent's trademark to his own company name;

9. The export agent privately registers the agent's trademark abroad and transfers it to Foreign companies are prohibited from selling the products of domestic agents to foreign countries and triggering foreign-related lawsuits;

10. Privately transfer trademarks registered abroad by others to the name of their own domestic companies, and prohibit domestic originators from doing so. The trademark owner's products are then sold in that country.

The above is what the editor has provided for you? How to transfer the exclusive right to trademark? I hope you like it!

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