In recent years, many domestic companies have begun to pay attention to strengthening the protection of their own intellectual property rights. This will become a trend. Therefore, in recent years, the number of registered trademarks by Chinese companies has continued to grow. However, due to various factors, a large number of trademarks have become idle, which has indirectly led to the rise and development of the trademark transfer industry. In this case, how to transfer the trademark free of charge?

Trademarks have always been one of the assets of an enterprise and have irreplaceable value. Therefore, during the trademark transfer process, in addition to the commission position for charging the transfer fee, the trademark transfer can also be carried out for free. This form is usually decided by discussion between the two parties.

The current situation of free trademark transfer

Different intellectual property trademarks are very different. Some categories are of high value, and they are willing to pay tens of millions of yuan, but are unwilling to sell them. If you transfer a trademark with very low value, you may not be willing to buy it even if you offer a few thousand yuan. This is the current status of the trademark transfer industry. When transferring free trademarks, enterprises should also pay attention to the following points:

1. Trademark free transfer contract

Since trademarks are transferred free of charge, many trademark transfer cases will find that free trademark transfer When transferring a trademark, the parties to the transfer are subject to great randomness. They saw no need to go through legal proceedings. In fact, this idea is wrong. If they do not go through the legal process, they may face the risk of legal disputes in the future. At the same time, since there is no economic benefit transaction between the two parties to the trademark transfer, from a legal perspective, the free transfer of the trademark can be said to be a gift, and the contract that should be signed at this time should be a gift contract.

2. Cancellation of free transfer of trademark

After trademark registration, it has the effect of trademark rights. At the same time, a trademark is a kind of property and enjoys property rights. my country's Contract Law stipulates that the donor may terminate the property transfer at any time before completing all formalities. If it is a trademark transfer, the enterprise has the right to terminate the transfer agreement at any time from the date when the trademark owner files an application for trademark transfer to the date when the Trademark Office officially announces that the trademark transfer is successful.

In addition, it should be specially reminded that regardless of whether the trademark transferor and transferee transfer for free, they must go through legal procedures. First register with the Trademark Office, then apply for transfer, and then cancel the trademark holder's original trademark ownership rights. After the Trademark Office announces it, the entire trademark transfer will be successful and have legal effect. If you encounter any problems during the use of trademarks, please feel free to consult Bajie Intellectual Property Trademark Network. Bajie Intellectual Property is committed to giving all Chinese enterprises the wings of intellectual property!