1, it must be approved by the Trademark Office, and the trademark transfer must be approved by the State Trademark Office before it is protected by law, otherwise it will be regarded as invalid transfer. Article 42 of the Trademark Law stipulates that if a registered trademark is assigned, the assignor and the assignee shall sign an assignment agreement and file an application with the Trademark Office. The transferee shall guarantee the quality of the goods using the registered trademark.
2. Where the registered trademarks are transferred together, the trademark registrant shall transfer the similar trademarks registered on the same commodity or the identical or similar trademarks registered on similar commodities together. This is also stipulated in Article 42 of the Trademark Law. For example, if you have three similar trademarks, you must transfer them together, not just one or one of them.
3. If the transferor of a third-party licensed trademark is licensing others to use its registered trademark, it must obtain the consent of the licensee before transferring it to a third party. Simply put, if you have a trademark for others to use, at this time, if you want to transfer it, you have to get the consent of others.
4. The transfer is irreversible. The transfer of a trademark cannot be suspended. Both parties submitted applications. If they want to cancel, they can only make a second transfer and transfer the trademark to the original transferor. This is the only way.
5. Failure to transfer
The trademark in the application can also be transferred, but if the application fails, the transfer will not be successful.
Both parties to the trademark transfer must have business licenses, and natural persons must have personal licenses, otherwise they cannot apply.
If an enterprise cancels or an individual dies and fails to go through the trademark transfer formalities within one year from the date of cancellation or death, it can no longer go through the trademark transfer formalities, and its trademark ownership naturally disappears.
6. It is suggested that the transferor be notarized from the perspective of transfer safety, so that both parties can feel at ease.
Do you know the precautions for trademark transfer? Trademark transfer is also a way of investment, but Shi Li must remind you that trademark transfer is two-handed, so you must make good transfer terms and decide trademark transfer, because trademark transfer is irreversible.