Compared with trademark registration, trademark transfer should be regarded as a relatively simple method. From the time of obtaining the trademark, the success rate of obtaining the trademark, the value of the trademark, etc., it can be proved that trademark transfer is more valuable than trademark registration. If you want to transfer a trademark, what legal risks should you pay attention to when signing a trademark transfer contract?

1. Trademark transferors should pay attention

Obviously, transferees are limited to enterprises, institutions, social groups, individual industrial and commercial households, individual partnerships, as well as foreigners or foreign enterprises . The transfer of trademark rights to natural persons who are not legally authorized to engage in business activities is limited.

Trademark transfer fees should be paid in installments as much as possible. If part of the fee is paid when the contract is signed, the remaining fees will be paid after the trademark transfer approval is announced, avoiding a one-time payment after the trademark transfer approval is announced.

2. The transferee of the trademark should pay attention

The contract should clearly stipulate that the transferor shall enjoy the exclusive right of the transferred trademark in accordance with the law, and the exclusive right of the trademark shall be valid. The contract should be accompanied by a trademark registration certificate. It should be reminded that the transferee must not only rely on the trademark registration certificate provided by the transferor, but also investigate whether the transferor is the trademark registrant. In addition, you should also know whether the name and address of the trademark registrant are the same as those on the transferor's business license. If the address and name on the transferor's business license do not match the name and address on the transferred trademark registration certificate, the Trademark Office will not accept the transfer application.

In order to prevent confusion caused by different producers or service providers using the same trademark for the same goods or services, causing misunderstandings among consumers. It should be clearly agreed that when a trademark owner transfers its registered trademark, it should be transferred to the same transferee together with other identical or similar trademarks registered for the same or similar goods or services.

According to current laws and regulations, subsequent trademark transfers cannot affect the validity of the "Online Use License", and the licensee can continue to use the trademark during the validity period of the license, thereby infringing upon the transferee of the transferred trademark. produce adverse effects. Therefore, the licensing status of trademark rights should be clearly agreed upon.

3. Both parties should pay attention to the transfer of trademarks

According to the provisions of Paragraph 2 of Article 39 of the "Trademark Law", after the transfer of a registered trademark is approved, it shall be announced. The assignee shall enjoy the exclusive right to use the trademark from the date of announcement. From the date of signing the contract to the date of approval announcement, the assignee has not obtained the exclusive right to use the trademark. During this period, the rights and obligations of both parties should be clearly agreed upon.

The transferor and the transferee shall submit applications for transfer of registered trademarks to the Trademark Office at the same time.

The above means that when signing and performing a trademark transfer contract, both parties to the trademark transfer should fully understand and understand the transferred trademark, and handle the relevant procedures for trademark transfer in strict accordance with relevant laws and regulations. to avoid certain legal risks. If you have any other matters such as trademark transfer, you can go to the Bajie Intellectual Property Trademark Network for consultation.