Trademark assignment and trademark transfer do not mean the same thing. Trademark transfer refers to the act by which a trademark applicant or registrant transfers the application right of the trademark under application or the exclusive right of the registered trademark to another person in accordance with the procedures prescribed by law. Trademark transfer mainly occurs when the original trademark owner is gone (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 takes legal effect when the Trademark Office approves and announces it; trademark transfer occurs when the objective facts leading to the trademark transfer occur. It takes legal effect on the date of approval;

2. Trademark transfer does not have retroactive effect. The transferee acquires the trademark right from the date of approval and announcement and has no right to claim for previous infringements; trademark transfer It has retroactive effect, and the successor can claim rights for infringements before the transfer;

3. Trademark transfer is often a positive result based on the agreement between the parties; trademark transfer It is a negative result based on objective reasons other than the intention of the parties.

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