Secondly, during the period from the signing of the trademark transfer agreement/contract to the trademark approval, the trademark transferor is usually required to issue a power of attorney for exclusive use of the trademark to ensure that the transferee can legally use the trademark exclusively during the trademark transfer approval period. In addition, trademark license also includes general license, exclusive license and exclusive license. At this time, the transferor must issue an exclusive use authorization to ensure the exclusive use right after purchasing the trademark. The transferee's use of the original trademark registration certificate and the authorization of the exclusive right to use the trademark has no problem whether it is used by the entity or entered the major e-commerce platforms.
In addition, the power of attorney for the exclusive right to use a trademark should be valid for at least two years, because the trademark transfer time is about 10 month, mainly to avoid the situation of supplementary certificate and objection in the process of transfer. In order to ensure the smooth transfer of the trademark, we also need to pre-screen the target trademark, including the third-party rights of the trademark, the approximate trademark, the validity period of the trademark, and the identity certificate of the transferor. After the trademark transfer is approved, the transferee can legally use the target trademark with the original Trademark Registration Certificate and Trademark Approval Certificate.
Article 42 Where a registered trademark is assigned, the assignor and the assignee shall sign an assignment agreement and file an application with the Trademark Office. The transferee shall guarantee the quality of the goods using the registered trademark.
After the transfer of a registered trademark is approved, it shall be announced. The transferee shall enjoy the exclusive right to use the trademark from the date of announcement.