trademark transfer is an important way to obtain the exclusive right to use a registered trademark. In a broad sense, trademark transfer refers to the act of obtaining the ownership of its registered trademark from the original trademark registrant by means of agreement transfer, acceptance of gifts, inheritance and succession. To transfer a registered trademark, both the transferor and the transferee shall apply to the trademark authority for transfer registration or evaluation and pricing within 6 months after the transfer. Some countries stipulate that the transfer of trademarks should be transferred together with the enterprise. China does not stipulate the transfer of trademarks together with enterprises, but stipulates that the transferee should guarantee the quality of the goods using the transferred trademarks. A trademark can also be used as an investment to buy shares at a fixed price.
A trademark needs to meet the following conditions:
(1) Where a registered trademark is transferred to another person, the transfer formalities of the registered trademark shall be handled at the Trademark Office.
(2) Where the exclusive right to use a trademark is transferred due to the merger, merger or restructuring of enterprises, it shall go through the formalities for the transfer of a registered trademark at the Trademark Office.
(3) where the exclusive right to use a trademark is transferred according to a court decision, the transfer formalities shall also be handled.
(4) When transferring a trademark, it is necessary to transfer the similar trademark at hand. For trademark transfer or transfer, the Application for Transfer/Registration of a Trademark shall be filled in. Since September 15, 22, a trademark that has been applied for but not yet approved for registration may also apply for assignment or transfer.
: what are the situations of trademark transfer?
(1) The company is no longer in business and needs to transfer its trademark.
(2) The company's trademark is temporarily idle and there is no need to use it, so it can be transferred for cash.
(3) Other companies pay high prices to buy their own trademarks.
(4) trademark transfer due to enterprise merger, merger or restructuring.
(5) the trademark is transferred according to the judgment of the court.
(6) Other circumstances.
legal basis: article 42 of the trademark law assigns a registered trademark, the assignor and the assignee shall sign an assignment agreement and file an application with the trademark office. The transferee shall guarantee the quality of the goods using the registered trademark. Where a registered trademark is transferred, the trademark registrant shall transfer the similar trademark registered on the same commodity or the same or similar trademark registered on similar commodities. The Trademark Office shall not approve the transfer that may easily lead to confusion or have other adverse effects, and notify the applicant in writing and explain the reasons. After the transfer of a registered trademark is approved, it shall be announced. The transferee shall enjoy the exclusive right to use the trademark from the date of announcement.