1. Can a trademark transfer be withdrawn while it is pending?

After the trademark transferor and transferee submit a written transfer application in accordance with the procedures stipulated in the Trademark Law, if both parties reach an agreement to cancel the transfer, If you have any opinions or temporarily refuse to perform the transfer of the trademark, you can apply for a withdrawal request to the Trademark Office at the same time. Please note that the prerequisite for filing a withdrawal application is that both parties have reached an agreement, which means that if one party does not agree to the withdrawal request, the Trademark Office will continue to review the trademark transfer application in accordance with normal working procedures. Of course, if the transferor's attitude is very strong, then disputes are very likely to arise, causing unpredictable losses and harm to both parties. I suggest that you negotiate carefully, avoid being angry or angry, and finally handle this matter properly.

Generally speaking, the best time to submit a revocation application is before the Trademark Administration issues and approves the trademark transfer application; if both parties reach a mutual intention to withdraw and confirm it with the National Trademark Office, Then the withdrawal can be successful.

2. What issues should be paid attention to when transferring trademarks

(1) During the validity period of the trademark, there is no need to pay any fees to any unit or individual.

Within six months before the trademark expires, you can apply to the Trademark Office for renewal by yourself or by entrusting another trademark business unit to do so. After the renewal is successful, the validity period of the trademark will be extended for another ten years. Likewise, within ten years, there is no need to pay any fees to any organization or individual.

(2) Please keep evidence of the use of the trademark. In order to avoid unnecessary disputes if it has not been used for three years, please keep relevant evidence of use. Several major types of evidence of trademark use are currently common:

1. Large-scale advertising of a trademark is direct and powerful evidence of the use of the trademark, such as through various advertisements in newspapers, magazines, television, radio, etc. The media conducts business promotion.

2. If you license others to use a trademark, the actual use by the licensee shall be deemed as the use of the trademark, but the registrant shall provide the above-mentioned proof of use and trademark use license contract to the Trademark Office.

3. Attaching a trademark to goods or their packaging or wrapping in the country solely for the purpose of export will also be regarded as the use of the trademark in the country.

(3) Please keep the original registration certificate and the transfer approval certificate properly. If you accidentally lose any of them, you can promptly apply to the Trademark Office for a reissue of the registration certificate by yourself or by entrusting another trademark business unit to do so;

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(4) If the address and name of the current trademark holder changes, please submit a change application to the Trademark Office in a timely manner. You can handle the business yourself or entrust another trademark business unit to handle the business.

3. Legal provisions on trademark transfer:

1. Article 42 of my country’s Trademark Law stipulates: To transfer a registered trademark, the transferor and the transferee shall sign a transfer agreement. Agreement and submit an application to 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.

2. Article 43 stipulates that a trademark registrant may authorize others to use its registered trademark by signing a trademark license contract. The licensor shall supervise the quality of the goods used by the licensee using its registered trademark. The licensee shall ensure the quality of the goods using the registered trademark.

If you use someone else's registered trademark with permission, you must indicate the name of the licensee and the place of origin of the goods on the goods using the registered trademark.

When permitting others to use its registered trademark, the licensor shall submit its trademark use license to the Trademark Office for record, and the Trademark Office shall announce it. The trademark use license shall not be used against bona fide third parties without registration.