A trademark transfer contract shall take effect immediately upon its establishment, unless the parties to the trademark transfer contract set other conditions or time limits for the contract to take effect. The effectiveness of a trademark transfer contract means that the trademark transfer contract meets the statutory conditions for effectiveness and is binding on the parties. The following intellectual property rights have compiled and analyzed for everyone the relevant content on how long it takes for trademark transfer to take effect. Based on the above provisions, it can be seen that the following issues need to be analyzed:

1. Is the trademark transfer contract a mandatory contract or a non-essential contract? The so-called mandatory contract means that the contract must have a specific form to be established or effective. contract. If the transferor and the transferee verbally agree to transfer a certain trademark, and the transfer is the true expression of intention of both parties, the above-mentioned trademark transfer shall be deemed to be valid.

2. The establishment and effectiveness of a trademark transfer contract. Whether the trademark transfer contract is established or not is purely a matter of fact. Its significance is to identify whether the contract already exists. The contract is this contract and not that contract (that is, the contract typing), and the distinction between contractual and de facto conduct. The contract is established from the date when the commitment is achieved. As far as the trademark transfer contract is concerned, the trademark transfer contract should naturally be established from the date the commitment is achieved. The validity of a trademark transfer contract means that the trademark transfer contract meets the conditions for its validity (the subject is legal, the content is legal, the expression of intention is true and voluntary, and the form is legal) and is legally binding on the parties. As far as trademark transfer contracts are concerned, under normal circumstances, the trademark transfer contract will take effect immediately upon its establishment, unless the parties to the trademark transfer contract set other conditions or time limits for the contract to take effect.

3. Transfer of trademark exclusive rights. As mentioned above, the establishment and effectiveness of a trademark transfer contract only indicates that the trademark transfer contract is legally binding on both parties, but this does not indicate that the trademark rights have been transferred. The assignee shall enjoy the exclusive right to use the trademark from the date of announcement. It can be seen that the relationship between the transfer of trademark rights and the establishment and effectiveness of the trademark transfer contract should be that the establishment and effectiveness of the trademark transfer contract is the prerequisite for the transfer of the exclusive right to trademark, but conversely, the establishment and effectiveness of the trademark transfer contract does not It will inevitably lead to the transfer of exclusive rights to trademarks. As we all know, changes in property rights are subject to the principles of publicity and public trust. For example, the transfer of property rights in movables generally occurs at the time of delivery, and the transfer of property rights in real estate generally occurs at the time of registration. In accordance with this principle, the transfer of exclusive rights to a trademark is also publicized upon approval and announcement by the trademark authority, and credibility is generated based on the above publicity.

The above is about how long it will take for the trademark transfer to take effect, because there will be many risks. If you want to know more knowledge, you are welcome to come to Bajie for detailed consultation! If you have any questions, you can consult an intellectual property and trademark consultant for free.