Legal subjectivity:
First, trademark rights have a limited time limit. Therefore, before entering into a trademark rights transfer contract and a trademark rights use license contract, you should first examine the subject matter of the contract. Whether the exclusive right to use the trademark is still within its validity period, how long the validity period is, whether the registration renewal procedures have been completed, etc. This is to prevent certain units, individual industrial and commercial households, individual partnerships, etc. from deceiving the other party by transferring the trademark that is no longer protected by law, that is, the trademark without the exclusive right to use the trademark to others or allowing others to use it. Second, the transfer of trademark rights must be carried out in accordance with the methods and procedures prescribed by law, and no transfer is allowed. Issues related to trademark ownership 1. If a trademark registrant allows others to use its registered trademark, it must sign a trademark license contract. The licensor and the licensee shall, within three months from the date of signing the license contract, submit a copy of the license contract to the county-level industrial and commercial administration authority where they are located for review. The licensor shall submit it to the Trademark Office for filing, and the Trademark Office shall make an announcement. . 2. When transferring registered trademarks for human medicines, tobacco products and other goods for which the state stipulates that registered trademarks must be used, the transferee shall provide certification documents from relevant departments: for transferees using registered trademarks for medicines, a certificate issued by the health administration department shall be attached. The certification documents provided; for the transfer of registered trademarks for cigarettes, cigars and packaged cut tobacco, the certification documents of production approval by the national tobacco authority should be attached; for the transfer of registered trademarks for other goods that require the use of registered trademarks in other countries, Approval documents from relevant competent authorities should be attached. 3. If someone licenses others to use registered trademarks for human medicines, tobacco products, and other goods for which the state stipulates that the use of registered trademarks must be used, the licensee shall submit a copy of the license contract to the county-level industrial and commercial administration authority for review, and the licensee shall attach a health certificate. Certification documents issued by the administrative department or certification documents of production approval by the national tobacco authority, or approval documents by other relevant competent authorities. If the above-mentioned approval documents are not provided, and the applicant still refuses to provide the above-mentioned approval documents when ordered to do so by the industrial and commercial administration or the Trademark Office, the licensee shall be deemed to be unqualified and the trademark right use license contract shall be invalid. 4. When signing a trademark rights transfer and license contract, you should examine whether the other party has the corresponding qualifications, that is, whether it is an enterprise, institution, social group, individual industrial and commercial household, individual partnership established in accordance with the law, and whether it is a registered trademark in accordance with the laws of its country of origin and the People's Republic of China* An agreement signed between ** and a country or an international treaty to which ** is a party, or based on the principle of reciprocity, may become the subject of a trademark right transfer and licensing contract. For persons who do not have the corresponding qualifications, the counterparty shall not sign a trademark rights transfer and license contract with them; if the signing procedures have been completed, the contract shall be invalid or deemed to have not been established at all. Trademark rights can be transferred, but not if the transferee is not qualified. I hope this can help those in need. Legal objectivity:
Article 33 of the Trademark Law of the People’s Republic of China, for a trademark that has been initially approved and announced, within three months from the date of announcement, the prior rights holder and interested parties shall A person believes that the provisions of Paragraph 2 and Paragraph 3 of Article 13, Paragraph 1 of Article 15, Paragraph 1 of Article 16, Article 30, Article 31 and Article 32 of this Law have been violated, or Anyone who believes that the provisions of Article 4, Article 10, Article 11, Article 12 and Article 19, paragraph 4, of this Law have been violated may file an objection with the Trademark Office. If there is no objection at the expiration of the announcement period, the registration will be approved, a trademark registration certificate will be issued, and the announcement will be made. Article 39 of the "Trademark Law of the People's Republic of China" The validity period of a registered trademark is ten years, calculated from the date of approval of registration.