1. Can a trademark become a trademark only after registration?
1. A trademark is not only obtained by applying for registration, but can also be obtained by transfer. A trademark registrant can license others to use its registered trademark by signing a trademark license contract. The licensor shall supervise the quality of the goods used by the licensee using its registered trademark. The licensee shall ensure the quality of the goods using the registered trademark.
2. Legal basis: Article 42 of the "Trademark Law of the People's Republic of China"
When transferring a registered trademark, the transferor and the transferee shall sign a transfer agreement , and apply to the Trademark Office at the same time. The transferee shall ensure the quality of the goods using the registered trademark.
When transferring a registered trademark, the trademark registrant shall transfer all similar trademarks registered on the same goods, or identical or similar trademarks registered on similar goods.
For transfers that are likely to cause confusion or have other adverse effects, the Trademark Office will not approve the transfer and will notify the applicant in writing and explain the reasons.
After the transfer of a registered trademark is approved, it will be announced. The assignee shall enjoy the exclusive right to use the trademark from the date of announcement.
2. What are the conditions for applying for a registered trademark?
The following conditions apply for applying for a registered trademark:
1. The principle of good faith must be followed;
2. Be responsible for the quality of the goods using the trademark;
3. The trademark applied for must be distinguishable from other people’s goods;
4. The trademark must have distinctive features and be easy to identify. , and shall not conflict with the previously acquired legal rights of others.