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What is trademark transfer?

A trademark is a sign that can distinguish one company's products or services from those of other companies. It is an expression of corporate culture. It represents the image of a company. Trademark transfer is an act by which a trademark registrant transfers the exclusive right to use a trademark to another party in accordance with legal procedures during the validity period of the registered trademark. For growing enterprises, it usually takes 2 to 4 years to apply for a new trademark and obtain the registration certificate. During this period, the enterprise has to produce and operate, sell products, and at the same time do a lot of advertising, print internal and external product packaging, and conduct Channel construction. The required costs are calculated in hundreds of thousands. Once registration fails, the losses to the enterprise are immeasurable. For example, if an enterprise transfers a successfully registered ready-made trademark to its own name through an agency, it can own its own trademark and create a brand within a short period of time. It can be seen from this that trademark transfer greatly improves the success rate, reduces risks to a minimum, and also enables companies to quickly enter the branding process. So how does an enterprise obtain a trademark through transfer? Trademark transfer generally takes the following forms: contract transfer, inheritance transfer, and transfer due to administrative orders.

1. Contract transfer: Contract transfer refers to the transfer of a registered trademark between the transferor and the transferee by signing a transfer contract. The transferor stipulates the content of the registered trademark transferred, mutual rights, obligations and liability for breach of contract through a contract. This form of transfer is generally paid, that is, the transferor charges a certain transfer fee by transferring the exclusive right to the registered trademark.

2. Succession and transfer: There are two situations for the inheritance and transfer of a registered trademark:

(1) After the death of the registered owner (natural person), that is, after the end of his life, there will be an heir. All registered trademarks owned by the deceased during his or her lifetime are inherited according to inheritance procedures.

(2) Succession and transfer when the enterprise as the owner of the registered trademark is merged or merged.

3. Transfer due to administrative order: This form of transfer generally occurs in public ownership countries. The administrative orders mentioned here are mainly those plans and administrations that cause the transfer of property. For example, if my country's state-owned enterprises are divided, merged, disbanded or transferred according to administrative orders, the subject of registered trademarks will inevitably change.

In practice, a large number of transferred registered trademarks are transferred and registered by contract. A registered trademark obtained by an enterprise through transfer must go through certain procedures in accordance with the law, and must be approved by the Trademark Office before the transfer registration can take effect. Transferring a registered trademark without going through the relevant procedures with the Trademark Office is an act of transferring a registered trademark on your own. According to the provisions of Article 44 of the Trademark Law, you will be subject to administrative penalties. In serious cases, the registered trademark may be revoked. Trademark transfer