Speaking of the "TM" trademark, many people only know that it is a code for a registered trademark, but few people know its true meaning, let alone the transfer of the TM trademark. What is the TM trademark? Can the TM trademark be transferred and used? Can the TM trademark be authorized as an agent? Next, Intellectual Property Rights will answer your questions one by one.

1. What is the TM trademark?

"TM" is the capital letter of the English trademark, which means "trademark". The reason why some trademarks appear with the "TM" mark is because some countries have historically adopted the "first to use" principle to obtain trademark rights, and will mark "TM" on the trademark to indicate that "the pattern is used as a trademark." ". However, the acquisition of trademark rights in my country follows the "first to register principle", so the "TM" mark does not indicate the registration status of the trademark in my country.

In fact, the "TM" logo has nothing to do with whether the trademark has been registered. Whether it is unregistered, under application, or registered, as long as it does not infringe the rights of others or violate any legal prohibitions, it can be marked "TM" logo, there is no such term as "TM trademark" in my country's trademark law.

Can the 2.tm trademark be transferred and used?

According to the provisions of the Trademark Law, trademarks that are under application and in use can be transferred. Trademarks that have not been applied for can be transferred. No one has exclusive rights to it, so it cannot be transferred. However, if the unregistered trademark is treated as a graphic work that generates rights without registration, and then the TM trademark is transferred by transferring the copyright, the unregistered "trademark" can be transferred to others for use.

3. Can the TM trademark be authorized to be represented by other companies?

The TM trademark can be authorized to be represented by other companies, but part of the contract may not be binding and there may be significant disputes. risk.

Since an unregistered trademark does not enjoy the exclusive rights of a registered trademark, the rights cannot be granted to others. Although you can sign a "brand licensing agency contract", since you do not enjoy the corresponding rights to the trademark, the "brand licensing agency" is only about the purchase and sale of goods and does not involve the disposal of trademark rights. Sometimes, if an agent discovers that an authorized trademark is not actually registered, it may directly register it. If the merchant finds out and wants to continue using it, he or she will have to pay a considerable transfer fee. Therefore, it is very risky to authorize a brand agent before the trademark is registered.

The above is the knowledge about whether the tm trademark can be transferred and used, introduced by Intellectual Property Rights. If you have a need for trademark transfer, you can choose Intellectual Property Rights for agency.