Trademark is not only a symbol to distinguish the source of goods, but also an intangible property. When using trademarks, you can use your own registered trademark, or you can use other people's trademarks
through trademark transfer and trademark licensing.
Trademark transfer is the transfer of another person’s trademark, and what is transferred is the ownership of the trademark. Trademark licensing is the transfer of the right to use the trademark, and the ownership of the trademark is not transferred. Trademark licenses are divided into general licenses, exclusive licenses and exclusive licenses. After the trademark is transferred, the transferor does not have any rights to dispose of the trademark. After the trademark is licensed, the licensor still enjoys the ownership of the trademark, and some can continue to use the trademark.
The Trademark Law stipulates that when a trademark registrant licenses others to use its registered trademark, 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.
Trademark transfer requires the signing of relevant transfer application documents*** and submission to the Trademark Office for filing. The legal result is the transfer of the exclusive right to the trademark, while trademark licensing only requires the signing of a trademark license contract, and
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The trademark license contract should be submitted to the Trademark Office for filing. The legal consequence of not filing the contract is that it cannot be used against a bona fide third party. It should also be noted that trademark transfer should include the same or similar trademarks registered on the same similar goods. There is no such requirement for trademark licensing.
In practical applications, trademark licensing requires payment of usage fees based on the authorized period of use, while trademark transfer requires a one-time transfer fee based on the agreement reached by both parties, that is, the transfer fee for purchasing the trademark.
In addition, if a trademark license is used by multiple people, it is likely to cause vicious competition in the same industry and cause unnecessary losses. However, the reliability and security of trademark transfer are the highest. Through trademark
Transfer is also a relatively safe way to obtain a trademark.