Is a privately signed trademark transfer agreement valid?

Answer: Invalid!

The registered trademark transfer contract refers to a contract that requires approval before it can take effect. Transferring a registered trademark means that the owner of the registered trademark transfers the registered trademark to another person in accordance with the procedures prescribed by law, and the transferee enjoys the exclusive right to use the registered trademark.

Instructions on privately signing a trademark transfer agreement or contract

1. Illegal transfer issue

Illegal transfer of a registered trademark means that the transferee is not a registered trademark The owner, or cannot represent the owner of the entire trademark, or secretly transfers its registered trademark by concealment, fraud, counterfeiting without the consent of the registered trademark owner, and other unfair means. In the existing trademark transfer procedures, it is not difficult to do such a thing due to the existence of objective loopholes. Although the interests of the trademark owner can be thoroughly resolved and protected through legal means afterwards, the heavy losses suffered by the parties will be irreparable.

2. The issue of invalid transfer

The issue of 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 paid the trademark transfer fee, the registered trademark transfer application cannot be approved by the State Trademark Office at all. Therefore, the transfer of the trademark is invalid as the trademark cannot be approved and transferred. The trademark owner remains unchanged.

Because the National Trademark Office’s review period for the transfer of registered trademarks is less than half a year, but more than one year. In addition, after both parties sign the "Trademark Transfer Agreement", they need to pay the transfer fee, prepare relevant documents and materials for the trademark transfer application, and mail and print them. After the trademark transfer agreement is signed, the transferee cannot immediately determine whether the transferred trademark can be approved for registration by the State Trademark Office, but it will take at least 6 months to determine.

3. Partial transfer issue

The so-called partial transfer refers to the transfer of a registered trademark. The transferor did not transfer other similar trademarks related to the transferred trademark rights to the trademark transferee, but intentionally or unintentionally retained or concealed some similar trademarks that were similar to the transferred trademark. After a trademark is transferred, the transferor can still use other trademarks that are similar to the transferred trademark. Significant damage was caused to the trademark assignee.

4. Concealing the rights and interests of the transferred trademark

When transferring the trademark, the trademark transferor conceals the rights and interests of the transferred trademark, conceals that the trademark has been used by others before the transfer, Commitment to repay debts, transfer and other issues, which makes the content of the trademark transfer agreement of the trademark transferee mainly include the following contents after the trademark transfer:

(1) Names, subject qualification certificates, addresses and contact information of both parties ;

(2) Details of the transferred trademark;

(3) Trademark transfer price and payment method;

(4) Rights and interests of the trademark transferor Obligations;

(5) Rights and obligations of the assignee;

(6) Termination of the contract;

(7) Dispute handling methods;< /p>

(8) Other agreed matters;

(9) Signed and sealed by both parties.

Contents of the trademark transfer agreement

1. Names, subject qualification certificates, addresses and contact information of both parties;

2. Details of the transferred trademark;

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3. Trademark transfer price and payment method;

4. Rights and obligations of the trademark transferor;

5. Rights and obligations of the trademark transferee;< /p>

6. Termination of contract;

7. Dispute resolution method;

8. Other agreed matters;

9. Signature and seal of both parties .

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