Everyone knows that Wanglaoji sued Jiaduobao. Just because of the three words "Wanglaoji", Jiaduobao lost 2.9 billion. But what we have noticed is that GPHL has two demands: to take back its trademark and to compensate. The herbal tea produced by Hongdao Group has already been renamed "Jiaduobao", and the rest is a long road to compensation.

It can be seen from the case of Wanglaoji suing Jiaduobao that the reason why GPHL was able to demand compensation from Hongdao Group was because the two parties signed a trademark license contract. If the renewal of the contract is illegal, it will This means that Hongdao Group’s use of the Wong Lo Kat trademark has not been approved by GPHL, and its behavior is an infringement of unauthorized use of its registered trademark without the permission of the trademark owner.

Here, we assume that if Hongdao Group had entered into a trademark transaction with GPHL, what would have happened?

What if Hongdao Group had directly transferred Wong Lo Kat? Once the trademark is purchased, it becomes your own. You can use it however you want within the scope of the law. You don’t have to worry about the expiration of the contract. You don’t have to resort to illegal means to renew the contract. You don’t have to go to court to ask for a name change. There is no need to be claimed for a sky-high price of 2.9 billion!

Trademark transfer can not only help companies avoid trademark infringement, but also has many advantages that are very important to companies:

1. Time advantage

There are two ways to obtain the exclusive right to trademark: apply for registered trademark and trademark transfer. To apply for registered trademark, you need to go through the process of thinking of a name, submitting a registration application, preliminary review by the Trademark Office, issuing a "Notice of Acceptance", and the Trademark Office. Through a series of processes including actual review, preliminary review announcement, objection period, and approved registration, it takes nearly 2 years for an enterprise to complete the trademark registration from having the idea to apply for a registered trademark. If an enterprise purchases a trademark, both parties only need to sign a transfer agreement and file an application with the Trademark Office at the same time. The transferee can use the trademark after completing all the procedures, which buys valuable time for the company to seize the market initiative.

2. Success rate advantage

As mentioned above, the application for registered trademark must be reviewed by the Trademark Office, and must be reviewed by the whole society after a 3-month objection period. Among them, , trademark similarity, bad faith registration, misleading the public, infringement of prior rights, violation of well-known trademark protection principles and other reasons may cause the trademark registration application to be rejected, thus leading to the failure of trademark registration. However, trademark transfer does not have these risks. If both parties reach a transfer agreement, as long as the transferred trademark will not cause confusion to the relevant public and have no adverse effects, the transfer can be completed through the approval of the Trademark Office!

3. Trademark Rights Advantage

There are two ways to legally use other people's trademarks: trademark use licensing and trademark transfer. Trademark licensing separates part or all of the right to use a registered trademark and licenses it to others. What the licensee gets is only the right to use the trademark, and it is time-limited and will cease to be used upon expiration. Trademark transfer is the transfer of exclusive rights to a trademark. The transferee not only obtains the right to use the trademark, but also enjoys other rights related to the registered trademark. In addition, after the trademark is transferred, the trademark can be used indefinitely as long as it is renewed in time before the expiration of the trademark.