In fact, we often encounter two parties talking about trademark transactions, but during the trademark transfer process, the other party does not want to transfer the trademark, but the trademark transfer application has been submitted. Can I apply to withdraw the trademark transfer at this time?
According to the relevant laws and regulations of our country, the trademark transfer application has been accepted. Before the Trademark Review and Adjudication Board makes a ruling, you still have the opportunity to apply for revocation. Note: Laws and regulations stipulate that a trademark transfer application can be withdrawn before the Trademark Examination Board makes a decision, with reasons attached. After the Trademark Review and Examination Board verifies that it is revocable, the procedure will be terminated.
Therefore, we understand that during this period, if the Trademark Office receives a withdrawal application and upon review deems it can be withdrawn, it shall notify the applicant in writing to confirm the intention to withdraw; if the transferor or transferee confirms the withdrawal, The Trademark Office shall not approve the transfer application, which means the transfer procedure will be terminated. As long as the transfer revocation application is successful, the trademark review process can be terminated immediately, and the applicant cannot apply again for the same reason next time.
After the Trademark Office receives the trademark transfer application, it will issue a trademark transfer certificate about 6 months after the trademark transfer is approved. During the entire process of trademark transfer, the trademark transfer is only effective after the Trademark Office applies for transfer and obtains approval, and cannot be carried out privately. If the two parties reach a trademark transfer agreement privately, it will not be protected by law and there will inevitably be certain risks.
After the trademark transferor and transferee submit a written transfer application in accordance with the procedures stipulated in the "Trademark Law", if both parties reach an agreement to cancel the transfer or temporarily fail to perform the transfer of the trademark, they may apply to the Trademark Office at the same time withdraw. Please note that the prerequisite for filing a withdrawal application is that both parties reach an agreement, that is, if one of the parties does not agree to the request to withdraw the application, the Trademark Office will continue to examine the trademark applied for transfer in accordance with normal working procedures. Of course, if the transferor has a very strong attitude, disputes are likely to occur, causing unpredictable losses and harm to both parties. It is recommended that you negotiate well, do not get angry or upset, and handle it properly in the end.
Therefore, before transferring a trademark, we must determine the other party’s wishes. Once the transfer changes, problems will arise, and it must be voluntary for both parties to take effect.