Trademark right is a right in intellectual property, so it is necessary to follow the relevant provisions of intellectual property law to exercise various rights and fulfill the stipulated obligations, so the related transfer of trademark right It also depends on the relevant laws and regulations, so today let’s take a look at intellectual property rights to see if trademark rights can be transferred and what the answers to related questions are!

1. Whether trademark rights can be transferred

Trademark ownership can be transferred. First, trademark rights have a time limit. Therefore, before entering into a trademark rights transfer contract and a trademark rights license contract, , you should first examine whether the exclusive right to use the trademark that is the subject of the contract is still within its validity period, how long the validity period is, whether the registration renewal procedures have been completed, etc. This is to prevent certain units, individual industrial and commercial households, individual partnerships, etc. from deceiving the other party by transferring the trademark that is no longer protected by law, that is, the trademark without the exclusive right to use the trademark to others or allowing others to use it.

Second, the transfer of trademark rights must be carried out in accordance with the methods and procedures prescribed by law, and no transfer is allowed.

2. What are the characteristics of trademark rights?

(1) Exclusiveness: The exclusivity of trademark rights is also called exclusivity or monopoly, and refers to the owner of a registered trademark. It enjoys the exclusive right to use its registered trademark. No other unit or individual may use the registered trademark without the permission of the registered trademark owner.

(2) Temporality: The temporality of trademark rights is also called statutory temporality, which means that trademark rights are rights with a time limit and are protected by law only within the validity period. After the validity period, the trademark The rights are terminated and no longer protected by law.

(3) Regionality: Trademark rights have strict regionality, which is determined by the nature of domestic law of trademark rights.

(4) Transferability: Trademark right is a kind of property right, and the trademark registrant can transfer the property right or license the use according to certain conditions.

3. Issues that should be paid attention to when transferring trademarks for free

In the practice of trademark transfer, free transfers sometimes occur. The trademark transferor transfers the trademark to the transferee, but the trademark transferor does not receive any consideration, or some trademark transfer contracts clearly stipulate that the trademark transfer is free of charge.

Trademark right is a kind of property right. In fact, the free transfer of trademark rights should be an act of donation from a legal analysis, and this trademark transfer contract should be a gift contract.

Article 185 of the "Contract Law" stipulates that a donation contract is a contract in which the donor gives his property to the donee free of charge and the donee expresses his acceptance of the donation. Obviously, the property in the donation contract includes tangible property and intangible property, and trademark rights are of course no exception, and the donee obtains the property for free, that is, without paying any consideration.

So what needs special attention here is the issue of the donor exercising the right of revocation.

Article 186 of the "Contract Law" stipulates that the donor may revoke the donation before the right to donate the property is transferred.

As mentioned above, the transfer time of trademark rights should be the date of approval and announcement by the trademark authority. In this way, there will be a long period of time between the signing of the trademark donation contract and the announcement of the trademark transfer, and during this period, the trademark donor can revoke the donation at any time. Because many parties do not fully understand trademarks as property rights, many parties sign trademark transfer contracts very arbitrarily, often without agreeing on a consideration or directly stating that there is no compensation. As a result, the legal risks faced by trademark recipients are very high.

So to be cautious, the trademark transfer contract should stipulate a clear consideration. If it is a free transfer, it is best to sign a "gift contract".

The above are the things to note about whether trademark rights can be transferred and whether trademark rights can be transferred? related content. If you have other questions, you can consult Intellectual Property for more details.