Trademark transfer is indeed a relatively common way to obtain trademarks in the modern market, but because it is gradually recognized by the public, the subsequent risks have begun to increase. However, because they are all artificial, So we can avoid these risks as much as possible to a certain extent. Let’s first familiarize ourselves with the risks we will encounter in practice.

①Illegal transfer issues

Illegal transfer of a registered trademark means that the transferor of a registered trademark is not the owner of the registered trademark, or the transferor transfers the registered trademark without the consent of the owner of the registered trademark rights. The registered trademark was secretly transferred through fraud and other unfair 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.

②The issue of invalid transfer

Invalid transfer means that the transfer of a registered trademark does not comply with the restrictions stipulated in the trademark law, although both parties to the trademark transfer have signed a trademark transfer agreement, and Party B has also The trademark transfer fee has been paid, but it is impossible for the registered trademark transfer application to be approved by the State Trademark Office. Therefore, the transfer of the trademark is invalid. Because a trademark cannot be transferred, the owner of the trademark remains unchanged.

Since the National Trademark Office takes four to six months to review the transfer of a registered trademark, and after the transferor and the two parties sign a trademark transfer agreement, they need to pay the transfer fee and prepare relevant trademark transfer application documents. Information, mailing and printing, etc. Therefore, after the trademark transfer agreement is signed, it cannot be immediately determined whether the transferred trademark can be approved for transfer and registration by the State Trademark Office, and it will take at least six months to know. The uncertainty of trademark rights during this time gap makes it easy for trademark assignees to be infringed.

③Partial transfer issue

Partial transfer means that the transferor of a registered trademark fails to transfer other similar similar trademarks related to the transferred trademark rights to the trademark transferee. The transferor intentionally or unintentionally retains or conceals some similar trademarks that are similar to the transferred trademark. After the transfer of the trademark, the transferor can still use other trademarks that are similar to the transferred trademark, causing substantial harm to the trademark transferee.

④The problem of concealing the rights and interests of the transferred trademark

When the trademark transferor transferred the trademark, he concealed that the trademark had been licensed to others before the transfer, and was pledged to pay off the debt. Issues such as transfer and so on have caused the actual rights and interests of the trademark transferee to be damaged and eroded after the trademark is transferred.

These are the key points that both parties to the transfer need to clarify during trademark transfer. Only after knowing what the risks are, can specific issues be analyzed in detail and corresponding methods can be used to avoid such measures.