In trademark management, many names such as trademark transfer, trademark transaction, and trademark transaction have very similar performances in the trademark processing business. These three words actually refer to a business, trademark transfer and trademark change. Some people do not know the difference between the two. Today, let’s talk about trademark transfer and trademark assignment, two concepts that are easily confused in trademark management.

If you don’t know much about trademarks, you generally don’t understand the concepts of trademark transfer and trademark assignment. Although trademark transfer and trademark transfer are both changes in the trademark owner, there is an essential difference between the two. Trademark transfer mainly refers to the transfer process of trademark rights handled by trademark applicants or registrants in accordance with the relevant provisions of the law. Trademark transfer refers to the behavior of the heir taking over the trademark when the original trademark subject ceases to exist (the original owner of the exclusive right to the trademark has Facing the bankruptcy or death of the company), it is called trademark transfer. The most direct difference between these two concepts is:

1. Trademark transfer is mainly the result of voluntary transfer between the buyer and the seller. Simply put, if the seller wants to transfer the trademark, it not only solves the need for the trademark, but also solves the problem of the trademark being idle, which can form a win-win result for both parties. Trademark transfer occurs when forced transfer or when the buyer and seller are unwilling to transfer, and the concepts are different;

2. After the trademark is transferred, we cannot make claims for some previous infringements. The ownership of the trademark rights will be determined in the approval announcement. After expiration; the transfer of the trademark has retroactive effect, that is, the heir can file a claim for infringement before the transfer;

3. The transfer of the trademark becomes legally effective from the date of the objective facts leading to the transfer, and the trademark is exclusive The right can be obtained on the date of the transferee; trademark transfer requires strict review at the Trademark Office and the publication of a trademark announcement. No one raises any objection before enjoying the full rights and interests of the trademark.

There is still a lot of knowledge about trademarks, not only the concepts of trademark transfer and trademark transfer, so when dealing with trademark business, you must have a clear understanding to avoid loss of rights and interests.