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Things to note when trading trademarks

Trademark transactions are also trademark transfers and trademark sales. There are websites or companies specializing in trademark transfers on the market, and there are also some agencies and individuals involved in trademark transfer business. No matter which channel a company or individual purchases, Trademarks, trademark transferors and transferees should go to the Trademark Office to handle the trademark transfer procedures, and the transfer can only take effect after being approved by the Trademark Office. In real life, many trademark transferors and transferees only sign a trademark transfer contract and do not report it to the Trademark Office. This is just a self-transfer of the trademark, which may result in serious administrative penalties and more severe consequences. Things to note in trademark transactions are as follows:

Confirm the legal status of the transferred trademark. Registered trademarks that have expired, trademarks that are in the extension period and have not submitted a renewal application cannot be transferred; trademarks that have been frozen by the court and have been pledged and registered with the Trademark Office cannot be transferred (trademarks in pledge registration must be released after the pledge is released) transferable). For trademarks under application, it is necessary to confirm whether the application process has been completed. If the decision or ruling of all rejections has taken effect, the transfer cannot be processed.

1. Identical or similar trademarks registered on the same or similar goods must be transferred together. This is to avoid product source confusion caused by split transfers. In addition, joint trademarks and defensive trademarks must be transferred together.

2. Trademarks that have been licensed to others may not be transferred at will unless the consent of the licensee is obtained. This is because the license contract cannot be transferred accordingly, and the transfer registration cannot be applied for without canceling the license contract. After the registration is transferred, the transferee can continue to sign a license contract with the original user if he wishes.

3. The transferee must ensure the quality of the goods.

4. When transferring a registered trademark, the transferor and the transferee shall sign a transfer agreement and submit applications to the Trademark Office at the same time. Transfer registration must be handled by the transferee. After the trademark is approved, it will be announced. The assignee shall enjoy the exclusive right to use the trademark from the date of announcement.

5. ***Owned trademarks may not be transferred independently.

More and more companies obtain their own trademarks through trademark transactions to protect their intellectual property rights from being stolen and abused, and damaging the corporate image. When we conduct trademark transactions, we must also act cautiously. Regarding trademark laws, Trademark transactions conducted in accordance with procedures are legal.