Transfer according to formal procedures

Trademark transfer can only take effect and have legal effect if it is approved by the Trademark Office. Private transfer, the transferee's trademark rights can not be guaranteed. Moreover, in the formal process of transfer, the Trademark Office will strictly review the identity information of both parties and the information of the trademark itself, so as to ensure the authenticity and validity of the transfer and avoid disputes over trademark transfer.

confirmation of the trademark

the trademark registrant has the exclusive right to use the trademark, and can obtain income by means of transfer, license and mortgage. Before applying for transfer, we need to confirm whether the trademark has been licensed or mortgaged to others. If this is not handled properly, the transferee will not have the exclusive right to use the trademark. Therefore, before the transfer, both parties need to confirm the trademark clearly.

signing an assignment contract

in the process of assignment, both parties to the assignment need to sign an assignment contract with legal effect, which must specify the details of trademark assignment. If there is no contract as a constraint, it is easy for the transferor to temporarily change his mind and charge a high transfer fee, deliberately leaving a similar trademark. Signing a transfer contract is an effective means to ensure the performance of both parties and protect their legitimate rights and interests. When the parties to a trademark transfer contract fail to perform their contractual obligations or the performance of contractual obligations is inconsistent with the contract, they will bear the corresponding liability for breach of contract. The forms of assuming the liability for breach of contract include continuing to perform the contract, taking remedial measures, compensating losses, paying liquidated damages, etc.