In addition to trademark registration, everyone is certainly familiar with trademark transfer. Trademark transfer is another way to obtain a trademark besides trademark registration. So what should you pay attention to when transferring a trademark? Is it enough to sign a contract for trademark transfer? The following will give you the answers one by one.

Notes on trademark transfer: 1. The issue of illegal transfer. The so-called illegal transfer of a registered trademark means that the transferor of the registered trademark is not the owner of the registered trademark, or cannot represent all trademark owners, or is Secretly transferring the registered trademark without the consent of the owner of the registered trademark right by concealment, fraud, forgery and other improper means. Due to the objective loopholes in the existing trademark transfer procedures, it is not difficult to do such a thing. Although it is entirely possible to solve and protect the interests of the trademark rights holders through legal channels afterwards, the heavy losses suffered by the parties will be irreparable. of.

2. The issue of invalid transfer. The so-called invalid transfer means that the transfer of a registered trademark does not comply with the restrictions stipulated by the law firm. Although both parties to the trademark transfer have signed a trademark transfer agreement and Party B has also paid the trademark transfer fee. , but it is impossible for the registered trademark transfer application to be approved by the National Trademark Office. Therefore, the transfer of the trademark is invalid because the trademark cannot be approved for transfer, so the owner of the trademark remains unchanged.

3. The issue of partial transfer. The so-called partial transfer means that the transferor of a registered trademark does not transfer other similar similar trademarks related to the transferred trademark rights to the trademark transferee intentionally or unintentionally. The transferor has retained or concealed some similar trademarks that are similar to the transferred trademark. After the trademark is transferred, the transferor can still use other trademarks that are similar to the transferred trademark, causing substantial harm to the trademark transferee.

4. Concealing the rights and interests of the transferred trademark. When the trademark transferor transferred the trademark, he concealed the fact that the trademark had been licensed to others, pledged for debts, transferred, etc. before the transfer, which resulted in The rights and interests of the trademark transferee after the trademark is transferred.

Is it enough to sign a contract for trademark transfer? According to the provisions of my country’s Trademark Law, when transferring a trademark, in addition to signing a trademark transfer contract, an application should also be submitted to the trademark management department. If the Trademark Office does not approve it, Trademark transfer is invalid. According to Article 42 of the Trademark Law of the People's Republic of China: When transferring a registered trademark, the transferor and the transferee shall sign a transfer agreement and file an application with the Trademark Office at the same time. 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.

Is it enough to sign a contract for trademark transfer? The above are the relevant answers. If you have more questions about trademark transfer, you can log in