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Can the transferee use the trademark during the trademark transfer process?

During the trademark transfer process, the transferee can use the trademark.

In order to protect the legitimate rights and interests of the transferee and transferor, both parties need to sign a trademark transfer contract. After signing the contract, the transferor stops using the trademark and stops authorizing others to use the trademark. The transferee Have the exclusive right to the trademark since the signing of the contract.

The transferee cannot use it directly. According to the provisions of the Trademark Law, to transfer a trademark, the transferor and the transferee need to sign a trademark transfer agreement/contract, and submit a transfer application to the Trademark Office at the same time. The Trademark Office will accept and review the application and then approve it, in order to protect the transferee. A person’s legitimate rights and interests in the exclusive right to use a trademark.

How to protect the trademark transfer agreement from signing to trademark approval:

1. Ask the trademark transferor to issue a "Trademark Exclusive Use Authorization" to ensure that the trademark transfer is reviewed and approved during the review and approval period. Trademarks can be used legally and exclusively. Please note that trademark licenses include general licenses, exclusive licenses, exclusive licenses, etc. Only by asking the transferor to issue an exclusive use authorization letter can you protect the right to use the trademark exclusively after purchasing it.

2. The validity period of a trademark exclusive authorization letter must be at least two years, and the trademark transfer time is about 10 months. In order to avoid the occurrence of supplementary certificates, objections, etc. during the transfer process, the validity period of the two-year authorization letter must be issued for at least two years. Year time is relatively safe.

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