The legal term for the transferee, relative to the transferor. means the recipient of the right. The transferor transfers all or part of its rights to the transferee through a contract, agreement, or donation. The right cannot be a personal right. The transferee is the party who receives the "thing". A has something and gives it to B, then A is the transferor and B is the transferee. The transfer of trademark rights refers to the act by which the registered trademark owner transfers the trademark rights arising from the registered trademark to others in accordance with the law. The transferor guarantees that he is the owner of the trademark, explains to whom and what type of trademark licenses were issued before signing the contract, and stipulates the obligations of the trademark owner in the original license contract.
Trademarks are applied for through the Trademark Office, and copyrights are registered through the China Copyright Registration Center. A registered trademark must be applied for and approved by the Trademark Office before it can be registered, while copyright is born from the date of completion of the original work, and registration is not mandatory.
The differences between trademarks and registered trademarks are as follows:
1. Trademarks are used by commercial entities on the goods or services they provide, and can distinguish their goods or services from other market entities. A sign that distinguishes goods or services;
2. A registered trademark is a trademark approved and registered by the Trademark Office. Its registrant enjoys the exclusive right to use the trademark and is protected by law. The difference between a trademark and a registered trademark lies in whether it has been reviewed by the Trademark Office, whether it is protected by law, and whether its holder has exclusive rights.
After a trademark is registered, the trademark registrant enjoys the exclusive right to use the trademark, and the trademark registrant can exclude others from using the same or similar trademark on the same or similar goods. Unregistered trademarks do not receive this kind of protection and can only be used by themselves. If the trademark is preemptively registered by others during use, the user can only continue to use the trademark within the scope of its previous use and cannot expand the scope of use. You may face the risk of being sued by others for trademark infringement. For well-known trademarks, the benefits of trademark registration are even more obvious. A trademark is a mark for a product or service.
The function of a trademark is to distinguish products or services with a certain external mark. It can be said that a trade name is the name of a company, while a trademark is the name of the products or services provided by the company. The common function of trade names and trademarks is to provide customers with identification marks, guide consumers' choices, expand their market advantages, and serve corporate management and operations.
Registered trademarks refer to trademarks that have been approved and registered by the trademark management agency in accordance with the law. The registration of a trademark must meet legal conditions and go through legal procedures. Specific types of registered trademarks include: certification marks, commodity trademarks, service marks, and collective marks. When applying for registration, the applicant should fill in the product category and product name of the trademark according to the scope of its intended business and the prescribed product classification table.
I hope the above content will be helpful to you. If you have any other questions, please consult a professional lawyer.
Legal basis: Article 42 of the "Trademark Law of the People's Republic of China" transfers a registered trademark, the transferor and the transferee shall sign a transfer agreement and submit the same to the Trademark Office Make an application. 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.