Trademark transfer is one of the ways for many companies to obtain trademarks. Many companies are not satisfied with just one or two trademarks. In order to expand more products in more aspects, they often need more trademarks to expand. , so what are the legal restrictions on trademark transfer?
First of all, the transferor of the trademark must be the actual owner. There are many cases of deception in this regard. Some transferors claim to be the owner of the trademark, but in fact they may be false. Then use Transfers carried out by such unfair means must have no legal effect. There are also many people who claim to be the agent of the trademark owner. In this case, be sure to conduct a careful review to see if he is capable of representing the person to avoid being deceived.
Secondly, the Trademark Law stipulates that if there are similar trademarks or other trademarks that are identical to the trademark, they must be transferred to the other party together. This is first of all a legal requirement. Secondly, this is also in line with normal logic. For example, If I give you a trademark, but I keep a similar trademark, if our products meet in the market in the future, some disputes will arise. Therefore, in order to avoid these problems, there are regulations that say they must be transferred together. If the Trademark Office finds that there are remaining similar trademarks during the review process, it will not be approved. This requires special attention.
Secondly, there is another situation at the legal level, that is, there are actually two owners of the trademark. In this case, if you want to transfer the trademark, you must Two people need to agree at the same time, and attach a copy of their ID card, etc. If you find that the trademark you want belongs to two people, but you only obtain the consent of one person, in this case, the other party may have agreed privately. The transfer was invalid and the police were deceived.
Compared with trademark registration, the laws involved in trademark transfer have fewer problems and fewer legal restrictions. However, it is conceivable that as my country’s legal process advances, laws related to trademark transfer will definitely continue. of perfection. Trademark transfer