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Do you know the difference between trademark transfer and trademark change?
Do you know the difference between trademark transfer and trademark change? Do you know the difference between trademark transfer and trademark change? Enterprises cannot do without trademark registration, trademark change and trademark transfer in their daily business activities. It is often heard that many applicants complain that the examination period of the trademark examination authority is too long when applying for a trademark. For example, you should apply for trademark transfer and trademark change, so there is no doubt that you can only receive a notice of disapproval. In this case, I had to reapply and took many detours. So, today we are going to introduce the difference between trademark transfer and trademark change. Do you know the difference between trademark transfer and trademark change? 1. Trademark transfer and trademark change have different meanings. Trademark change refers to the change made by a trademark registrant to its registered items such as name, address, agent, document receiver or designated goods. Changing the name of the registrant only changes the name of the same subject, and the trademark right is not transferred at all. Bibi said that there was a man named Zhao Er. Later, he didn't like it, so he went to the competent department and changed his name to Zhao Si. Although the name has changed, the person is still the same person. Trademark transfer is different. Trademark transfer means that the right holder transfers his registered trademark right to others by signing a transfer contract according to his own will and certain procedures. Trademark transfer is a form of trademark right in derivative acquisition. It is the transfer of trademark rights between different subjects, and there is a legal time for the division of rights. The assignee of a trademark shall enjoy the exclusive right to use the trademark from the date when the trademark transfer is approved and announced. The most obvious difference between trademark transfer and trademark change is that the right subject of trademark transfer is two people; Therefore, when an enterprise handles trademark change or trademark transfer, it must be clear whether it is a subject or two subjects. Second, the procedures for trademark change and trademark transfer are different. Trademark change is proposed by the trademark registrant. When the Trademark Office receives the application materials, it also sends a notice of acceptance to the trademark registrant. According to the first paragraph of Article 30 of the Regulations for the Implementation of the Trademark Law, if the name, address or other registered items of a trademark registrant are changed, an application for change shall be submitted to the Trademark Office. Where a trademark registrant changes its name, it shall also submit a certificate of change issued by the relevant registration authority. Paragraph 1 of Article 42 of the Trademark Law stipulates that 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. It can be seen that the application for trademark transfer was made by both the assignor and the assignee, and the acceptance notice issued by the Trademark Office was also sent to both the assignor and the assignee. According to the second paragraph of Article 30 of the Regulations for the Implementation of the Trademark Law, if the name or address of a trademark registrant is changed, the trademark registrant shall change all its registered trademarks together; If it is not changed at the same time, the Trademark Office shall notify it to make corrections within a time limit; If it fails to make corrections within the time limit, it shall be deemed as abandoning the application for change, and the Trademark Office shall notify the applicant in writing. Paragraph 2 of Article 42 of the Trademark Law stipulates that if a registered trademark is transferred, the trademark registrant shall transfer the similar trademark registered on the same commodity or the same or similar trademark registered on similar commodities. Therefore, to change the trademark name, it is necessary to change all registered trademarks to the name of the trademark registrant, otherwise it will lead to confusion of trademark names; Trademark transfer requires that similar trademarks registered on the same commodity or identical or similar trademarks registered on similar commodities must be transferred together. It can be seen that the trademarks that need to be handled together in trademark transfer may be all trademarks or some trademarks, and the scope should be less than or equal to trademark change.