Trademark can be withdrawn during the transfer process:
A withdrawal can only be applied for before the Trademark Review and Adjudication Board makes a decision or ruling, and the applicant also needs to state the reasons clearly in writing, but After withdrawing the application, the applicant cannot use the same facts or reasons to apply for review.
According to the relevant laws and regulations of our country, if the Trademark Review and Adjudication Board has not made a decision or ruling, the applicant can apply in writing to the Trademark Review and Adjudication Board to explain the reasons and apply to withdraw the review. If the applicant requests to withdraw the review application, the review of the trademark will be terminated. Once a trademark review application is withdrawn, the applicant cannot use the same reason to apply for another review.
If you entrust an agency such as Trademark Transfer Network to handle the transfer of your trademark, you can just ask the agency to withdraw the application procedures. However, these materials require your cooperation, such as signature. If you don't know what reason you want to use to withdraw your application, you can ask an agency to think of one for you. These agencies on the Trademark Transfer Network are very professional. If you apply for transfer in person, you need to clearly explain the reasons for withdrawing the transfer. The reasons should be as sufficient as possible. It is best to have the transferee sign the reason letter and mail it to the Trademark Office.
Relevant regulations on trademark transfer:
1. Article 42 of my country’s Trademark Law stipulates: When a registered trademark is transferred, the transferor and the transferee shall sign a transfer agreement, And *** apply 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.
The best time to submit an application for trademark transfer withdrawal 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 Can be successfully withdrawn. Once a trademark review application is withdrawn, the applicant cannot use the same reason to apply for another review.