What are the legal issues related to trademark transfer? Xiaobian shares the sorted legal issues related to trademark transfer with everyone. Welcome to read, for reference only!
the legal effect of the trademark transfer agreement
because the trademark owner enjoys the exclusive right, the right to use and the right to dispose of his registered trademark, the transfer of the registered trademark not only results in the transfer of the trademark right between the transferor and the transferee, but also affects the interests of interested parties such as the licensee of the registered trademark and the interests of consumers. In order to ensure the legal transfer of trademarks and protect the interests of interested parties and consumers, the Trademark Law stipulates that if a registered trademark is transferred, the assignor and the assignee shall sign an assignment agreement.
after receiving the relevant documents of the application for the assignment of a registered trademark, the Trademark Office shall, after examination and approval, issue corresponding certificates to the transferee and make an announcement. If a trademark registrant transfers a registered trademark by himself, it is an act of improper use of the registered trademark, and the Trademark Office will order it to correct or revoke its registered trademark within a time limit.
how to sign a trademark transfer agreement
trademark transfer refers to the transfer of trademark ownership by the trademark owner to others, which can be done by buying or selling, or by contributing or giving away a trademark. The transferred trademark includes both registered trademarks and trademarks that have been applied for but not yet approved for registration. With regard to the procedures for trademark transfer, Article 39 of the Trademark Law of China stipulates that "when transferring a registered trademark, the assignor and the assignee shall sign an assignment agreement and apply to the Trademark Office together. The transferee shall guarantee the quality of the goods using the registered trademark. After the transfer of a registered trademark is approved, it shall be announced. The transferee shall enjoy the exclusive right to use the trademark from the date of announcement. " Article 25 of the Regulations for the Implementation of the Trademark Law stipulates that "where a registered trademark is transferred, the transferor and the transferee shall submit an application for the transfer of the registered trademark to the Trademark Office. The application procedures for the transfer of a registered trademark shall be handled by the transferee. After the Trademark Office approves the application for the transfer of a registered trademark, it shall issue corresponding certificates to the transferee and make an announcement. Where a registered trademark is transferred, the trademark registrant shall transfer the same or similar trademark registered on the same or similar goods together; If it is not transferred together, the Trademark Office shall notify it to make corrections within a time limit; If it fails to make corrections within the time limit, it shall be deemed as giving up the application for transferring the registered trademark, and the Trademark Office shall notify the applicant in writing. The Trademark Office shall not approve the application for the transfer of a registered trademark that may cause misunderstanding, confusion or other adverse effects, and notify the applicant in writing and explain the reasons. "
How to deal with the trademark office's disapproval
If the trademark office refuses to accept the trademark transfer application and make a public announcement, the parties concerned shall have the right to bring an administrative lawsuit. According to the provisions of China's administrative procedure law, the parties have the right and can only bring an administrative lawsuit against the specific administrative act of the administrative organ. The biggest feature of a specific administrative act is that it is only effective for specific matters and specific subjects and does not produce universal binding force. China's trademark law and its implementing regulations clearly stipulate that the trademark office has the responsibility of approving trademark transfer applications, which is a specific administrative act. The specific matter is the trademark transfer application, and the subject is the parties to the trademark transfer act, that is, the trademark assignor and assignee, and the approval act is only effective for the trademark assignor and assignee. In the process of approving the application for trademark transfer, if the Trademark Office approves the application for trademark transfer without doing its proper duty of examination, it may cause damage to the legitimate rights and interests of the parties involved in trademark transfer, especially the trademark owner. Therefore, if a party refuses to accept the specific administrative act approved by the Trademark Office and announced, it should have the right to bring an administrative lawsuit according to law.
What are the pitfalls of trademark transfer
According to the current trademark practice, China's trademark law and implementation regulations only give the trademark office the power to approve the trademark transfer application, but do not stipulate the responsibility for its improper approval. Due to the lack of proper supervision of administrative power, administrative organs often have the right but no responsibility, and the power of the Trademark Office to approve trademark transfer applications is almost unrestricted, which provides an opportunity for criminals.
some lawless elements use legal loopholes to forge the seal and signature of the trademark owner, transfer the registered trademark of others to themselves or a third person designated by them, and apply to the Trademark Office for relevant procedures to defraud the "legal" coat. After obtaining the registered trademark of others by illegal means, criminals often transfer or license the trademark to others to earn economic benefits, while the original trademark owner is kept in the dark and suffers huge losses; Or ask the original trademark owner for a high reward in exchange for the trademark, and threaten to sue him for trademark infringement if he is rejected. If the original trademark owner takes it as the defendant to file a lawsuit to confirm that the trademark transfer is invalid, they will run away and never appear in court, and the court will not be able to serve them with litigation materials, which brings many difficulties to the court in hearing such cases. At the same time, some rights holders think that litigation is too troublesome, which is not only time-consuming and labor-intensive, but also pays legal fees, investigation and evidence collection fees and other litigation expenses. They have to swallow the demands of criminals and transfer their own trademarks to themselves after paying them a sum of money.
It is precisely this weakness of the trademark owner that some lawless elements have taken a fancy to, and the amount demanded is generally roughly equivalent to the amount paid by the trademark owner for litigation, trying to induce the trademark owner to settle the case peacefully by paying the transfer fee. For those trademarks with important value or high popularity, they ask for high transfer fees.
The above are the legal issues related to trademark transfer provided by Xiaobian. I hope you can enjoy them!
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