There are some necessary conditions for trademark transfer. Only by following the conditions for trademark transfer can the trademark transfer be handled smoothly. What conditions are needed for trademark transfer? Next, intellectual property will give you a brief introduction.
1. If a registered trademark is transferred to another person, the transfer formalities of the registered trademark shall be handled at the Trademark Office.
2. Where the exclusive right to use a trademark is transferred due to the merger, merger or restructuring of enterprises, it shall go through the formalities for the transfer of a registered trademark at the Trademark Office.
3. if the exclusive right to use a trademark is transferred according to the court's judgment, the transfer formalities shall also be handled.
4. When transferring a trademark, you must transfer the similar trademark at hand. For trademark transfer or transfer, you should fill in the Application for Transfer/Registration of a Trademark. Since September 15, 22, a trademark that has been applied for but not yet approved for registration may also apply for assignment or transfer.
Trademark transaction means trademark transfer and trademark trading. There are websites or companies specializing in trademark transfer in the market, and there are also some agencies and individuals involved in trademark transfer business. No matter which channel an enterprise or individual purchases a trademark, the trademark transferor and transferee should go through the trademark transfer formalities at the State Trademark Office and get approval from the Trademark Office before it takes effect. In real life, many trademark assignors and assignees have only signed trademark assignment contracts, which are not reported by the Trademark Office, and only belong to the act of transferring trademarks by themselves, and the result may lead to serious administrative punishment and more severe consequences. Matters needing attention in trademark trading are as follows:
Confirm the legal status of the transferred trademark. Invalid registered trademarks, trademarks that are in the extension period and have not submitted an application for renewal cannot be transferred; A trademark frozen by the court and registered with the Trademark Office as a pledge cannot be transferred (a trademark registered as a pledge cannot be transferred until the pledge is released). For the trademark in the application, it is necessary to confirm whether the application process has ended. If the decision or ruling of total rejection has taken effect, the transfer cannot be handled.
1. identical or similar trademarks registered on the same kind or similar goods must be transferred together. This is to avoid the confusion of product sources caused by division and transfer. In addition, the joint trademark and defensive trade mark must be transferred together.
2. Trademarks that have been licensed to others shall not be transferred at will unless the consent of the licensee is required. This is because the license contract can't be transferred with it, and you can't apply for transfer registration without canceling the license contract. After the transfer of registration, the transferee may continue to sign a license contract with the original user if he wishes.
3. The transferee must guarantee the quality of the goods.
4. If a registered trademark is assigned, the assignor and the assignee shall sign an assignment agreement and file an application with the Trademark Office. The transfer registration is handled by the transferee. After the trademark is approved, it shall be announced. The transferee shall enjoy the exclusive right to use the trademark from the date of announcement.
5. * * * Trademarks shall not be transferred separately.
more and more enterprises obtain their own trademarks through trademark trading, so as to protect their intellectual property rights from being stolen and abused, which will damage the corporate image. However, we should also be cautious in trademark trading, and the trademark trading related to trademark legal procedures is legal according to the procedures.