What is the right to transfer trademark? What are the principles that should be followed when transferring trademark rights? A trademark refers to a sign in which the registrant has exclusive rights after a brand or part of a brand is registered by relevant government departments in accordance with the law. During the validity period of a trademark, the exclusive right to use the trademark can be transferred to another party in accordance with legal procedures. How to correctly transfer your exclusive rights to a trademark is an important issue, which is related to the interests of the trademark holder. So, what are the principles for effective trademark transfer? What is the right to transfer trademark? The right of trademark transfer refers to the right that the trademark owner enjoys according to law to transfer his registered trademark to others in accordance with legal procedures and conditions. When transferring a registered trademark, the transferor and the transferee shall sign a transfer agreement and submit applications to the Trademark Office at the same time. The trademark registrant shall transfer the same or similar trademarks registered on the same or similar goods together; if they are not transferred together, the Trademark Office shall notify the trademark registrant to make corrections within a time limit; if the trademark registrant fails to make corrections within the time limit, it shall be deemed to have given up the transfer of the trademark. When applying for a registered trademark, the Trademark Office shall notify the applicant in writing. After the transfer of a registered trademark is approved, it will be announced, and the transferee will enjoy the exclusive right to use the trademark from the date of announcement. The transferee shall ensure the quality of the goods using the registered trademark. The transfer of a registered trademark will not affect the validity of the trademark license contract that was in effect before the transfer, unless otherwise agreed in the trademark license contract. What are the principles that should be followed when transferring trademark rights? 1. The trademark rights transfer contract and trademark rights license contract concluded on the basis of equality, voluntariness and consensus through consultation are legally binding on both parties; either party to the contract should conscientiously and comprehensively perform the obligations stipulated in the contract, and cannot Refusal to perform or incomplete performance for other reasons. Except as otherwise provided by law. 2. The transferee of a contract for the transfer of a registered trademark shall ensure the quality of the goods using the registered trademark and shall not use the registered trademark as a cover for its own production and sale of counterfeit and inferior goods. 3. If someone else’s registered trademark is used with permission, the name of the licensee and the place of origin of the goods must be marked on the goods using the registered trademark. 4. The licensor in the trademark license contract 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. Otherwise, the licensor has the right to terminate the trademark license contract. 5. The transferor of a trademark transfer contract shall not use the transferred trademark on goods that are similar or identical to the transferee’s goods during the validity period of the contract and within the effective territory of the trademark registration, unless there is a trademark agreement with the transferee. Rights licensing contract. Otherwise, the transferee has the right to sue the transferor of the original trademark rights transfer contract for infringement of the exclusive right to use the trademark. 6. If the licensee obtains an exclusive trademark license through a trademark license contract, the licensor shall not use the registered trademark, nor may the licensor sublicense other people to use the registered trademark. If the licensee obtains a non-exclusive trademark use license through a trademark license contract, the licensor not only still has the right to use its trademark, but can also issue the same non-exclusive trademark use license to any third party. . 7. The licensee in the trademark license contract shall not allow any other third party to use the registered trademark, unless expressly authorized by the trademark owner, the licensor in the trademark license contract. 8. If there is a dispute between the trademark rights transfer contract and the trademark rights license contract, the two parties can resolve it through negotiation on their own, or through mediation or arbitration. If none of the above methods are feasible, the dispute will be finally resolved through litigation. 9. If the dispute between the trademark rights transfer contract and the trademark rights license contract is resolved through litigation, the case shall be under the jurisdiction of the people's court of the defendant's domicile or the place where the contract is performed. What is the right to transfer trademark? What are the principles that should be followed when transferring trademark rights? We have answered this question for you here. If you want to apply for trademark transfer, please contact our online customer service, or call the Bajie Intellectual Property National Free Service Hotline. We have many years of professional intellectual property agency experience and a professional business team and the concept of serving customers wholeheartedly can help you apply smoothly.