Trademark transfer is an act in which a 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. Trademark transfer generally takes the following forms: contractual transfer, inheritance transfer, and transfer due to administrative orders. Next, Intellectual Property will introduce several forms of trademark transfer:

1. Contractual transfer = the transfer of a registered trademark between the transferor and the transferee by signing a trademark transfer agreement or contract. This method is generally paid, that is, the transferor charges a certain transfer fee by transferring the exclusive right to register a trademark.

2. Inheritance and transfer = If an individual or an individual industrial and commercial household registered in accordance with the law dies or becomes incapacitated, the legal heir shall inherit his or her registered trademark. For example: after the death of the registered owner (natural person), that is, after the end of his life, an heir will inherit all the registered trademarks owned by the deceased according to the inheritance procedure; the inheritance transfer when the registered trademark owner's business is merged or merged.

3. Transfer due to administrative order

This form of transfer generally occurs in countries with public ownership. The administrative orders mentioned here are mainly those plans and administrations that cause the transfer of property. For example, if my country's state-owned enterprises are divided, merged, dissolved or transferred according to administrative orders, the subject of registered trademarks will inevitably change.

In practice, a large number of transferred registered trademarks are transferred and registered by contract. A trademark transfer agreement must be signed for contract transfer and attention should be paid to the following:

(1) To transfer a registered trademark, certain procedures need to be performed in accordance with the law. The transfer registration can only take effect after being approved by the Trademark Office. Transferring a registered trademark without going through the relevant procedures with the Trademark Office is an act of self-transfer of a registered trademark. Such private transfer will be subject to administrative penalties, and in severe cases, the registered trademark may be revoked.

(2) After the transfer of trademark rights takes effect, the transferor shall not use the transferred trademark on the goods or services approved for use or on similar goods and services within the effective registration area of ??the trademark. The trademark has been transferred, otherwise it will infringe the transferee's trademark rights. If the transferor wants to continue to use it, it must sign a trademark license contract with the transferee and obtain the transferee's authorization.

(3) The date when the transfer of a registered trademark is published in the trademark announcement is the starting date for the transferee to enjoy the exclusive right to use the trademark. The validity period of the registered trademark after the transfer is from that date to the expiration of the validity period of the registered trademark. day.

(4) The trademark transfer agreement or contract should have mandatory statutory provisions.

If you still have a trademark transfer agreement and related questions, please feel free to consult the intellectual property professional customer service for free.