Current location - Trademark Inquiry Complete Network - Trademark inquiry - Trademark transfer is a key step in determining the ownership of rights.
Trademark transfer is a key step in determining the ownership of rights.

What is trademark transfer? Trademark transfer is an act by which the trademark registrant transfers the exclusive right to use a trademark to another party in accordance with legal procedures during the validity period of the registered trademark. Article 42 of the Trademark Law stipulates that 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.

Recently, I have encountered many situations where both parties signed a transfer agreement privately but did not file a trademark transfer application with the Trademark Office. It is necessary to remind friends who have not handled trademark transfer here about the risks:

1. If you have not handled trademark transfer, you cannot fight against a bona fide third party. Once the registrant transfers the trademark to another person, it will definitely infringe the rights. Your rights;

2. Changes in the rights subject of the original registrant will inevitably affect your trademark rights. For example, if the original registrant is canceled or a natural person dies, it will inevitably hinder your future assertion of trademark rights. In addition, if the registrant is a natural person, if divorce occurs and the property is divided, the trademark registered in his name will be divided as the joint property of the husband and wife.

So, trademark transfer is very important, and you must not lose a big deal for a small amount. Handle trademark transfer in a timely manner and effectively protect your rights.