A good trademark is very important for enterprises. Some enterprises will want to buy other people's trademarks because they don't have their own trademarks. According to Chinese laws, trademarks are transferable. When transferring a trademark, an application must be filed with the Trademark Office in accordance with the law, and relevant materials must be submitted. What is the process of trademark transfer in China?

What is the process of trademark transfer?

According to the Trademark Law, the process of trademark transfer is as follows:

1. Both parties shall sign a trademark transfer agreement. Article 42 Where a registered trademark is assigned, the assignor and the assignee shall sign an assignment agreement and file an application with the Trademark Office. The transferee shall guarantee the quality of the goods using the registered trademark.

2. Where a registered trademark is transferred, the trademark registrant shall transfer the similar trademark registered on the same commodity or the same or similar trademark registered on similar commodities.

3. The Trademark Office shall not approve the assignment that is likely to cause confusion or have other adverse effects, and shall notify the applicant in writing and explain the reasons.

4. After the transfer of a registered trademark is approved, it shall be announced. The transferee shall enjoy the exclusive right to use the trademark from the date of announcement.

5. In addition to trademark transfer, trademark licensing can also be carried out, that is, the trademark registrant authorizes others to use his registered trademark by signing a trademark license contract. The licensor shall supervise the quality of the goods in which the licensee uses its registered trademark. The licensee shall guarantee the quality of the goods using the registered trademark.

Is trademark transfer valid without registration?

China's "Trademark Law" and "Regulations for the Implementation of Trademark Law" do not stipulate that the trademark license contract between the two parties is invalid without filing. It is only stipulated that the trademark license contract should be reported to the Trademark Office for the record.

In addition, the licensing contract is submitted for filing and filing, mainly for the reference and publicity of the third party, and for the benefit of the third party. Therefore, if the trademark license contract is not submitted for filing and filing, the rights obtained by the contract licensee cannot be against a third party. According to the regulations, unless the law expressly stipulates that delivery for the record is the condition for the contract to take effect, the consequences of not delivering for the record according to law are generally recognized as not being able to confront a third party. This kind of treatment has no harm to both parties to the contract and the third party, nor does it affect the administrative organ to pursue the administrative responsibility of both parties to the contract.

According to the law, if the trademark license contract is not filed, it will not affect the validity of the license contract, unless otherwise agreed by the parties. If the trademark license contract is not filed with the Trademark Office, it shall not be opposed to a bona fide third party. From this point of view, the nature of trademark licensing contract filing has been clear.

The above is about how to transfer trademarks and other knowledge. If you have other trademark transfer problems, please consult Intellectual Property, and we will have professional customer service to help you.

Frequently asked questions:

What is the trademark transfer price?