Trademark sales not only lead to the transfer of patent rights between the transferor and the buyer, but also affect the interests of interested parties such as trademark registered licensees and consumers. In order to ensure the legal sale of trademarks and safeguard the interests of interested parties and consumers, the assignor and the purchaser should sign an assignment contract when trading trademarks.
After the transfer of a trademark, the original trademark registrant normally uses the trademark, commodity packaging and other commercial activities without permission, which is a violation of discipline.
Paragraph 4 of Article 42 of the Trademark Law stipulates that the transfer of a registered trademark shall be announced after approval. The buyer owns the trademark from the date of publicity. That is to say, the patent right during the trademark transfer still belongs to the transferor, but during the trademark transfer, the transferor and the buyer can sign an exclusive license in the trademark use license, so the trademark can only be used by the buyer during the transfer.
Trademark transfer generally takes 6-8 months, and if there are other problems, it will take longer.
Apply as soon as possible if necessary. In fact, the assignor has the right to grant (exclusive) authorization. This process usually takes one to two months. If it is not a very strict large-scale market behavior, it can be used as long as the transfer intention is clear.