For enterprises, trademark registration and trademark transfer are two ways to obtain exclusive rights to trademarks. So which one is better? Let us first analyze the advantages and disadvantages of trademark transfer and trademark registration.
1. Characteristics of trademark registration
Generally speaking, trademark application for registration should go through stages such as trademark inquiry, material preparation, formal review, practical review, preliminary review announcement, and registration announcement. If everything goes well, trademark registration takes about one to one and a half years.
During the trademark registration process, there are still risks such as trademark rejection and questioning. When a company chooses to apply for trademark registration and obtain a trademark, it must be cautious.
If you do not have extensive trademark registration experience, it is best to find a senior trademark registration agency for consultation or trademark registration.
Advantages: Trademark registration costs are low.
Disadvantages: Trademark registration review takes a long time, the risks are high, and self-application requires high professionalism.
2. Characteristics of trademark transfer
According to Article 42 of the Trademark Law, the owner of a registered trademark may transfer his registered trademark to others. In other words, a company can purchase someone else’s registered trademark through compensation. Both parties should negotiate freely, sign a transfer contract, and both parties should apply to the Trademark Office for approval and then make an announcement.
Different from a trademark license, trademark transfer means that the enterprise obtains trademark ownership, that is, the trademark belongs entirely to the purchasing company. After the transfer is successful, there is no need to sign other contracts or pay other miscellaneous fees.
However, if the original trademark owner registers the same trademark or a similar trademark on the same or similar goods, the enterprise can require the original trademark owner to transfer the trademark to itself when choosing the trademark.
Advantages: wide range of trademark choices, short trademark transfer time, simple procedures, and low risk.
Disadvantages: The cost is high, it is difficult to find contacts, and the negotiation process requires skills, so you need to find a professional intellectual property agency.
Generally speaking, both trademark registration and trademark transfer have their own advantages and disadvantages. Enterprises and individuals should make choices based on their specific circumstances, or they can consult professionals in advance to avoid wasting their time and money.