Legal analysis: 1. Trademarks that have submitted applications and received acceptance notices but have not been approved for registration can apply for transfer. However, unregistered trademarks may have the risk of being rejected. After the transfer, the risk will be transferred from the transferor to the transferee.
second, knowing the legal status of the trademark beforehand is analyzed from the aspects of the validity, service life, licensing, pledge or freezing, and repeated transfer of the trademark. 1. Whether the transferred trademark is a valid trademark When you want to buy a favorite trademark, you should first check whether the legal status of the trademark is valid on the official website of the Trademark Office to find out whether the trademark exists, is revoked or cancelled. 2. Check the service life of the trademark. 3. Licensing of trademark transfer The transferee should know whether the transferor has licensed the trademark to other companies before transferring the trademark.
legal basis: article 42 of the trademark law of the people's Republic of China 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 will 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.