Trademark registration requires a long process. Trademarks that can be successfully registered are considered personal intangible assets. In recent years, trademark transfer has become a popular industry, so can trademark transfer be transferred at will? What are the restrictions?

Can trademark transfer be transferred at will? What are the restrictions?

First of all, let’s take a look at the common forms of trademark transfer:

1. Contract transfer, which is a registered trademark transferred through a trademark transfer contract

2. Inheritance transfer , if an individual industrial and commercial household registered in accordance with the law dies or loses capacity, the legal heir shall inherit the registered trademark.

3. Trademark transfer due to administrative orders. This type of trademark transfer is often the result of a judgment by a public authority.

So are there any restrictions on trademark transfer?

1. Joint trademarks cannot be divided and transferred

A joint trademark is a series of trademarks used by the same trademark owner based on business needs. It has similar mark characteristics. If one of the joint trademarks is allowed to be transferred separately, it will also happen that two trademark owners use similar trademarks on the same goods, causing confusion about the source of the goods.

2. Trademark transfer must follow legal procedures

Legal procedures must be followed to transfer a registered trademark, otherwise the transfer will be invalid, because trademark transfer is a legal act, and its establishment must be in accordance with legal procedures. If the party transfers the registrant's trademark on its own, it will be deemed invalid.

3. A trademark used for two similar goods shall not be transferred separately

When the trademark registrant specifies that the trademark can be used for two or more goods, they are non-similar goods and can be The trademarks of the unsuccessful products are transferred individually, but if they are similar, they should all be transferred.

4. Trademarks that have been licensed to others for use may not be transferred at will.

If the trademark registrant has licensed others to use the trademark, if the exclusive right is transferred to a third party during the license period, The licensee's consent must be obtained and the original license contract must be terminated before the transfer can be processed.

If you want to apply for trademark transfer or encounter intellectual property issues, please contact Bajie Intellectual Property Trademark Agency Platform. We have a first-class business team and a concept of serving customers wholeheartedly, which will help you avoid various problems. Trademark disputes.