The transferee of Tmall trademark transfer should note that the transfer of trademarks has strict time limits. If used beyond the specified time of transfer, it will cause trademark infringement.

According to Article 42 of the Trademark Law: When transferring a registered trademark, the transferor and the transferee shall sign a transfer agreement and file an application with the Trademark Office at the same time. The transferee shall ensure the quality of the goods using the registered trademark.

When transferring a registered trademark, the trademark registrant shall transfer all similar trademarks registered on the same goods, or identical or similar trademarks registered on similar goods.

For transfers that are likely to cause confusion or have other adverse effects, the Trademark Office will not approve the transfer and will notify the applicant in writing and explain the reasons.

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.

According to Article 43 of the Trademark Law: a trademark registrant may authorize others to use its registered trademark by signing a trademark license contract. The licensor shall supervise the quality of the goods used by the licensee using its registered trademark. The licensee shall ensure the quality of the goods using the registered trademark.

If you use someone else's registered trademark with permission, you must indicate the name of the licensee and the place of origin of the goods on the goods using the registered trademark. If the licensor permits others to use its registered trademark, the licensor shall submit its trademark use license to the Trademark Office for record, and the Trademark Office shall announce it. The trademark use license shall not be used against bona fide third parties without registration.

Extended information:

There are two situations of trademark ownership: one is that the trademark is under the name of the company, and the other is that the trademark is under the name of an individual. The two situations will differ at the time of transfer.

If it is the first case, the trademark is in the name of the company, then during the transfer process in the store, the trademark and the company can be directly transferred together; if it is the second case, the trademark is owned by an individual, then in the store During the transfer process of the Tmall store, you must go through the transfer procedures with the trademark owner.

Notes after trademark transfer:

1. During the validity period of the trademark, there is no need to pay any fees to any unit or individual.

Within six months before the trademark expires, you can apply to the Trademark Office for renewal by yourself or by entrusting another trademark business unit to do so. After the renewal is successful, the validity period of the trademark will be extended for another ten years. Likewise, within ten years, there is no need to pay any fees to any organization or individual.

2. Please keep evidence of the use of the trademark. In order to avoid unnecessary disputes if it has not been used for three years, please keep relevant evidence of use.

Reference: Baidu Encyclopedia-Trademark Transfer