Trademark is a special legal term. Some product brand marks are called trademarks after they are registered by relevant government departments in accordance with the law. Trademarks are protected by law and the registrant has exclusive rights. In order to maximize the use value of the trademark, during the validity period of the trademark, the trademark registrant can obtain corresponding income through trademark transfer or trademark transfer. What is the difference between trademark transfer and trademark transfer? Many people are confused between the two. Although both are transfers of trademark ownership and changes in rights holders, there is still a big difference between the two! Trademark transfer refers to the act of a trademark applicant or registrant transferring the right to apply for a trademark or the exclusive right to register a trademark to another person in accordance with the procedures prescribed by law. Trademark transfer mainly occurs when the original trademark owner (the trademark owner dies, the company goes bankrupt, etc.) and the successor takes over the trademark.

There are obvious differences between the two:

(1) Trademark transfer is based on the positive result of the agreement between the parties and is a decision made by both parties after negotiation. Trademark transfer is passive and negative. It is a negative result based on objective reasons beyond the meaning of the parties. It often only occurs when one party dies or goes bankrupt.

(2) Trademark transfer shall have legal effect when approved and announced by the Trademark Office. Trademark transfer means that it has legal effect on the date of the objective fact (death or bankruptcy of the subject) that leads to the transfer of the trademark.

(3) Trademark transfer does not have retroactive effect. The assignee acquires the trademark rights from the date of approval announcement and has no right to claim previous infringements. The transfer of a trademark has retroactive effect, and the heir may claim infringement before the transfer.

(4) The biggest difference between trademark assignment and transfer is that transfer is not a legal act by both parties, but is caused by objective events, as long as the heir accepts the trademark rights and submits the procedure.

(5) If a registered trademark is transferred, the transferor and the transferee shall submit a registered trademark transfer application to the Trademark Office. The application procedure for transfer of a registered trademark shall be handled by the transferee. After the Trademark Office approves the application for transfer of a registered trademark, it shall issue the corresponding certificate to the transferee and make an announcement.

If the exclusive right to a registered trademark is transferred for reasons other than transfer, the party accepting the transfer of the exclusive right to the registered trademark shall go to the Trademark Office to handle the transfer procedures with relevant certification documents or legal documents. The same or similar trademark registered by the trademark owner on the same or similar goods shall be transferred together whether the registered trademark is assigned or transferred.

Note:

There can be more than two types of goods used in trademark registration. If they belong to the same or similar goods, they shall not be divided and transferred. The same trademark is used by two people on the same similar goods. Therefore, after being transferred together, if the transferor still wants to work in this industry, he cannot continue to use the original trademark.