Abstract: There are many ways to use trademarks. In addition to applying for trademark registration, they can also be obtained through trademark transfer and trademark licensing. Trademark licensing, also called trademark authorization, allows others to use the trademark for a certain period of time. The trademark still belongs to the trademark owner. Trademark transfer is equivalent to buying the trademark, and the ownership rights belong to the successful purchaser. Let’s learn about the difference between trademark transfer and trademark licensing. 1. The difference between trademark transfer and trademark licensing

1. The transfer of a registered trademark is essentially a change of the subject of the trademark right; while the license is essentially an expansion of the subject of the trademark use.

2. During the transfer, the transferor no longer enjoys the trademark rights and has no obligation to supervise the quality of the transferee’s goods (or services); while during the license, the licensor continues to own the trademark rights and has the obligation to The obligation to supervise the quality of the goods (or services) used by the licensee using the trademark.

3. The transfer of a registered trademark must be approved by the Trademark Office of the State Administration for Industry and Commerce; and the license to use a registered trademark only requires signing a trademark license contract and filing it with the local industrial and commercial authority.

4. In transfer activities, the transferee must meet legal conditions; in licensing activities, the conditions for the licensee are relatively loose.

5. In the transfer, the transferor transfers all the ownership, exclusive rights, transfer rights, license rights and legal action rights of the registered trademark to the transferee; in the license, the licensee only The right to use the license.

6. In a transfer, the transferee is free to decide the ownership and use rights of the trademark under the premise of complying with the Trademark Law; while in a license, the licensor and the licensee decide ***Determine the license period for the use of the trademark.

7. Trademark transfer requires the signing of relevant transfer application documents*** and submission to the Trademark Office for filing. The legal result is the transfer of the exclusive right to trademark, while trademark licensing only requires the signing of a trademark license contract. Trademark licensing should be submitted to the Trademark Office for trademark licensing contract filing. The legal consequence of not filing the trademark license is that you cannot fight against a bona fide third party.

8. When transferring trademarks, the same or similar trademarks registered on the same similar goods should be transferred together. There is no such requirement for trademark licensing.

9. In actual application, the trademark license requires payment of usage fees according to the authorized period of use, while trademark transfer requires a one-time transfer fee based on the agreement reached by both parties, that is, the transfer fee for purchasing the trademark.

10. If a trademark license is used by multiple people, it is likely to cause vicious competition in the same industry and cause unnecessary losses. However, trademark transfer has the highest reliability and security. Obtaining a trademark is also a safer way.

2. What is the difference between trademark transfer and trademark authorization?

Trademark transfer is usually handled through the trademark trading platform. After signing the agreement, an application is submitted to the Trademark Office, and the transfer is completed after review by the Trademark Office. success. The assignee obtains exclusive rights to the trademark.

Trademark authorization is also called trademark licensing. Trademark licensing means allowing others to use the trademark for a certain period of time. The trademark still belongs to the trademark owner; while trademark transfer is equivalent to buying the trademark and owning it. The rights belong to the successful purchaser.

3. Knowledge of trademark transfer and trademark licensing

1. The trademark transfer process includes: application → acceptance → review → announcement → issuance of transfer certificate.

2. Documents required for trademark transfer:

(1) "Transfer Application/Registered Trademark Application".

(2) Identity documents (copies) of the transferor and transferee.

(3) To entrust an agent, submit the "Agency Letter" issued by the transferor and the transferee respectively. To apply directly at the acceptance hall, submit the original and copy of the ID card of the transferee.

(4) If applying for transfer, relevant supporting documents should also be submitted.

(5) If the application documents are in a foreign language, a Chinese translation signed and stamped by a translation agency should also be provided.

3. Documents required for trademark authorization:

(1) "Application for Registration of Trademark License Contract".

(2) A copy of the "Trademark License Contract".

(3) Proof of identity of the authorizing party (ID card or business license).

(4) If the contract is written in a foreign language, the corresponding Chinese translation shall be attached.

(5) Letter of attorney.