The transfer of a registered trademark is an act that the trademark registrant transfers the exclusive right to use the trademark to others within the validity period of the registered trademark according to legal procedures.
I. Bajie reminds you that the transfer of trademarks generally takes the following forms:
1, contract assignment
The transferor shall stipulate the contents, mutual rights, obligations and liabilities for breach of contract of the registered trademark through the contract. This form of transfer is generally paid, that is, the transferor collects a certain transfer fee by transferring the exclusive right to use a registered trademark.
2. Continuous transfer
There are two ways for Bajie organization to explain the transfer of registered trademarks:
(1) After the death of the registered owner (natural person), that is, after the end of his life, there are heirs who inherit all the registered trademarks of the deceased before his death according to the inheritance procedure.
(2) An enterprise that is the owner of a registered trademark is merged or transferred at the time of merger.
3. Transfer caused by administrative orders
This form of transfer generally occurs in public ownership countries. The administrative orders mentioned here are mainly those plans and administrations that cause the circulation of property. For example, the division, merger, dissolution or transformation of state-owned enterprises in China according to administrative orders will inevitably lead to the change of the subject of registered trademarks.
Second, the trademark transfer process:
According to the Trademark Law and Article 42 of the Regulations for the Implementation of the Trademark Law:
1. Where a registered trademark is transferred, the transferor and transferee shall * * * go through the formalities for the transfer of the registered trademark at the Trademark Office.
2. Where the transfer occurs due to inheritance, enterprise merger, merger, restructuring and other reasons, the party accepting the exclusive right to use a registered trademark shall go through the formalities for the transfer of the registered trademark at the Trademark Office.
3. If the exclusive right to use a trademark is transferred according to a court decision, the transfer formalities shall also be handled.
The above are some forms and processes of trademark transfer. If you have to, try not to sell trademarks, because the value of trademarks is really inestimable! The intellectual property trademark trading platform provides trademark transfer services.
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