What are the consequences of trademark transfer if similar trademarks are not transferred together? When transferring a trademark, a transfer agreement needs to be signed, which protects the rights and interests of both parties to the transfer. However, many problems may arise during the transfer. If similar trademarks are not transferred together, there will be many problems.
The issue of partial transfer is a relatively obscure issue. It means that the transferor of a registered trademark has not transferred other similar similar trademarks related to the transferred trademark to the trademark transferee, and has retained or concealed them. If there are some similar trademarks that are similar to the transferred trademark, the trademark transfer will be unsuccessful. This requires the transferee to pay attention to whether there are similar trademarks that have not been transferred together.
Article 25, Paragraph 2, of the "Regulations for the Implementation of the Trademark Law" stipulates that from a legislative purpose, requiring similar trademarks to be transferred together is to prevent market confusion and consumer misunderstanding, and the norm is market order. When hearing disputes arising from the division and transfer of similar trademarks, the parties should first be consulted on whether they are willing to negotiate on the transfer of similar trademarks together. If the parties reach consensus through negotiation, the transfer can be deemed valid. If the parties cannot reach an agreement, the transfer can only be deemed invalid. After the contract is determined to be invalid, the transferee may require the transferor to compensate for losses based on the fault of the contract. When applying for a trademark, if the trademark applied by the applicant is similar to a trademark previously applied by others, the Trademark Office will reject it; even if the Trademark Office does not determine that the trademarks are similar and makes a preliminary announcement, the earlier applicant can still apply for a trademark during the preliminary announcement period. File a trademark objection based on similarity of trademarks; of course, if the trademarks applied for by the same entity are similar, the Trademark Office will approve it, because the same entity’s own trademark transfer constitutes similarity and will not cause consumer misunderstanding and affect market order.
However, if the transferor only transfers one of the similar trademarks during trademark transfer and retains the similar trademarks, it will cause the transfer of similar trademarks to belong to different entities, which will also cause market confusion for consumers and also For this reason, Article 25 of my country’s Trademark Law Implementation Regulations stipulates that similar trademarks should be transferred together.
As can be seen from the above, it is also legally stipulated that similar trademarks should be transferred together. In fact, if you find a regular agency to carry out the operation, there will generally be no problems or reminders. If you have other trademark-related questions, you can log in