Businesses and companies can be found everywhere in Guangzhou, so the number of trademarks in Guangzhou is also countless. Many people who start a business in Guangzhou will register a trademark locally or obtain the right to use the trademark through trademark transfer. Because many people have not experienced trademark transfer and do not know about trademark transfer, they are often troubled by various problems. Can I continue to use my Guangzhou trademark after it is transferred? I hope the following content compiled by Bajie Intellectual Property and Trademark Network will be helpful to you.
After a trademark registration is transferred, the original trademark registrant no longer enjoys the exclusive right to use the trademark and cannot continue to use it.
In accordance with the provisions of Article 42 of the Trademark Law, when a registered trademark is transferred, the transferor and the transferee shall sign a transfer agreement. After the transfer of a registered trademark is approved, it will be announced. The assignee shall enjoy the exclusive right to use the trademark from the date of announcement. A trademark is an intangible property that, like tangible property, can be freely transferred according to the wishes of the trademark owner within the scope permitted by law. Transfer its registered trademark to others. The transfer of a registered trademark occurs when the subject of the registered trademark changes. After a trademark is transferred, the owner of the trademark is no longer the original registrant and no longer enjoys exclusive rights, use rights and disposal rights. The above trademark rights are enjoyed by the assignee.
The transfer of a registered trademark not only results in the transfer of trademark rights between the assignor and the transferee, but also affects the rights and interests of the licensee and other interested parties of the registered trademark and the interests of consumers. In order to ensure the legality of trademark transfer and protect the interests of stakeholders and consumers, the transferor and transferee should sign a registered trademark transfer agreement. After the trademark is transferred, if the original trademark registrant continues to use the trademark for goods, commodity packaging or containers, commodity transaction documents without permission, or uses the trademark for commercial activities such as advertising, exhibitions, etc., his behavior infringes the exclusive rights of the registered trademark and is illegal. Behavior. According to Article 57 of the Trademark Law, using the same trademark on the same goods or using a similar trademark on the same goods without the permission of the trademark registrant is an infringement of the exclusive right to use a registered trademark.
Warm reminder: If you need to apply for a trademark in Guangzhou, whether it is trademark registration or trademark transfer, you can safely leave it to Bajie Intellectual Property Trademark Network. Bajie Intellectual Property is committed to serving all enterprises in China. Plug in the wings of intellectual property!