However, trademark transfer is invalid in the following circumstances:
1, the trademark registration certificate is invalid. This situation generally refers to the expiration of the registered trademark, the application for renewal has not been filed within the grace period of six months, or the registered trademark has been discontinued for three consecutive years; Or a trademark that has been revoked by the Trademark Office.
2. Transfer the words, graphics and their combinations that change the registered trademark without permission. After a registered trademark has been examined and filed by the State Trademark Office, the user shall not change it without authorization. A registered trademark that is changed without authorization shall not be transferred and shall not be protected by law.
3. Without the approval of the relevant departments, the name and address of the registrant are changed without going through the change procedures. The name and address of the registrant are unique and clear, which is an important basis for determining the owner of the exclusive right to use a registered trademark and shall not be changed at will. Unauthorized changes are not protected by law.
4. Apply for the transfer of a registered trademark that may cause misunderstanding, confusion or other adverse effects. After long-term use, registered trademarks may be well known to the relevant public, and consumers may think of goods using the same registered trademark. When transferring a registered trademark, it is particularly easy to cause confusion and misunderstanding. In order to protect the interests of consumers and avoid confusion and misidentification, the law stipulates that the Trademark Office shall not approve an application for the transfer of a registered trademark that may cause misidentification, confusion or other adverse effects, and shall notify the applicant in writing and explain the reasons.
5. The trademark registrant fails to transfer the same or similar trademark registered on the same or similar goods. The same or similar trademarks registered on the same or similar goods shall be transferred together, otherwise it will easily cause confusion and misunderstanding to consumers and lose the significance of protecting the exclusive right to use trademarks. Therefore, the law stipulates that identical or similar trademarks registered on the same or similar goods shall be transferred together.