Trademark trading is a direct way for enterprises to obtain trademarks. This is also a remedy that many companies seek after registering without approval, and it has relatively many advantages. However, this process will also be accompanied by some limiting factors. These situations prevent companies from executing matters. So what are the restrictions on trademark transfer?

1. The joint trademark shall not be transferred separately. A joint trademark refers to a series of trademarks used by the trademark holder in the business process. When transferring the trademark, it needs to be transferred jointly. Therefore, the transfer of joint trademarks requires the transfer of all joint trademarks. This should be confirmed in every trademark transfer and needs to be clearly stated by both the assignee and transferor.

2. Trademarks that are collective trademarks cannot be transferred individually. They must be agreed by the owner of the trademark use rights and must be transferred in full. If this were not the case, the possibility of infringement would arise. In addition, collective trademarks are collectively owned and cannot be transferred individually.

3. The transfer of geographical indication trademarks is basically impossible. Since geographical trademarks are usually trademarks of a certain region, such as Zengcheng lychee, it is unreasonable to transfer them to places such as Sichuan, because this is a specific trademark and if used in other places, it can easily cause misunderstandings among consumers.

4. If there is authorization before the trademark transfer, the relevant licensee needs to be informed of the situation. At the same time, the enterprise should also notify the trademark assignee, and the three parties must reach consensus through consultation. If all three parties agree to this approach, the trademark can be transferred. Because after the transfer, assuming the authorization license has not expired, the licensee can still use the trademark normally.

In addition, trademark transfer is also stipulated in the Trademark Law. According to Article 42 of the "Trademark Law": "Article 42: Where a registered trademark is transferred, the transferor and the transferee shall A transfer agreement should be signed and an application filed with the Trademark Office. The transferee should ensure the quality of the goods using the registered trademark. "

Although there are many restrictions on trademark transactions, this is to a certain extent. Protected the business. Both the transferor and the transferee may be protected subject to binding conditions. This is a more appropriate provision formulated by the Trademark Law, and enterprises will have a stable operation in the future development.