Trademark transfer is the act of a trademark registrant giving away, selling or transferring his registered trademark to others for exclusive use. To transfer a registered trademark, the transferor and the transferee must simultaneously apply to the trademark authority for transfer registration or evaluation within 6 months after the transfer. Some countries stipulate that the transferred trademark must be transferred together with the enterprise. Our country does not provide for the transfer of trademarks together with enterprises, but it stipulates that the transferee should ensure the quality of the goods using the transferred trademark. Trademarks can also be used as investments to price shares.
Relevant issues in trademark transfer are of concern to many entrepreneurs or practitioners now, because in the process of enterprise development, the demand for trademarks is very huge. If trademark planning is not done in advance, Under certain circumstances, the act of purchasing a trademark will definitely happen, and by purchasing a trademark, you can efficiently obtain a registered trademark, while reducing risks and increasing the success rate. This is one of the reasons why many people choose trademark transfer. However, because the specific knowledge of trademark transfer has not been widely popularized, many people are often not very clear about some of the legal issues involved in the trademark transfer process. Next, let’s talk about the legal issues involved in the trademark transfer process. What are the legal issues involved?
The main legal aspects involved in trademark transfer include:
1. It should be clearly stipulated in the contract that the transferor has legal exclusive rights to the transferred trademark, and that the trademark The exclusive right is valid, and the trademark registration certificate should be included as an attachment to the contract;
2. In order to prevent the confusion and consumer confusion caused by different producers or service providers using the same trademark on the same type of goods or services Misunderstanding;
3. According to current regulations, a later trademark transfer cannot affect the validity of an earlier license. The licensee can continue to use the trademark during the validity period of the license, thereby adversely affecting the transferee of the transferred trademark. Therefore, the license status of the trademark right should be clearly agreed;
4. The transferor should ensure that during the transfer period, it will not operate goods with the same or similar trademark within the effective registration area of ??the trademark, nor shall it engage in business Other activities that compete with the production and sale of the goods;
5. In accordance with Article 39, paragraph 2, of my country's Trademark Law, "the transfer of a registered trademark shall be announced after approval. The transferee shall Enjoy the exclusive right to use the trademark from the date of announcement;
6. When clearly handling the procedures for transferring a registered trademark, the transferor and the transferee shall submit an application for transfer of a registered trademark to the Trademark Office at the same time. .
What are the legal provisions regarding trademark transfer? What are the legal provisions on trademark transfer? Related content, trademark transfer occupies a very large proportion in the current trademark acquisition market. The key is to understand the relevant issues during the use process, so as to ensure that your company will not be affected by the loss and impact of related rights and interests. . If you want trademark transfer services or have other questions, you can consult Intellectual Property Rights for more details. Personal idle trademark transfer R trademark transfer