Which trademark agency do you want to apply for trademark transfer? Xiaobian will find an agent to share the sorted trademark transfer with everyone. Welcome to read, for reference only! How to choose a formal and legal agency
First, the company must be an agency with a formal business license recognized by the Industrial and Commercial Bureau. If there is no company recognized through legal procedures, it is usually informal. Customers should not easily cooperate with sub-companies.
second, the company has a set of detailed systems and specific operating procedures to ensure that every service is legal and the services provided are supported by legal basis.
thirdly, the company has certain authority and good reputation in the industry. And has a long-term cooperative and stable relationship with more enterprises. The meaning of trademark transfer
Like any civil right, the trademark right includes three parts: the subject of right, the object of right and the content of right. The subject of the trademark right is the trademark owner, the object of the right is the registered trademark, and the content of the right is the property right enjoyed by the trademark owner to exclusively use its registered trademark for a specific commodity or service.
the essence of trademark transfer lies only in the change of the subject of trademark right, that is, the replacement of trademark owner is realized without changing the object and content of trademark right. The original trademark owner gives up the right to a registered trademark through trademark transfer, and the new trademark owner obtains the exclusive right to a registered trademark through transferee.
therefore, trademark transfer should generally follow the expression of the will of the trademark owner and assignee. China's trademark law also stipulates that the transfer of a registered trademark should be signed by the transferor and the transferee. Therefore, any transfer of its registered trademark without the permission of the trademark owner separates the relationship between the trademark owner and the registered trademark, which is essentially an infringement of the trademark right. The original trademark owner has the right to file a civil lawsuit with the people's court to confirm the invalidity of the trademark transfer. How to transfer a trademark
Trademark transfer refers to the transfer of trademark ownership by the trademark owner to others, which can be done by buying or selling, or by contributing or giving away a trademark. The transferred trademark includes both registered trademarks and trademarks that have been applied for but not yet approved for registration.
regarding the procedures for trademark transfer, article 39 of the trademark law of China stipulates that? 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. 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. ?
article 25 of the regulations for the implementation of the trademark law stipulates that? Where a registered trademark is assigned, the assignor and the assignee shall submit an application for assignment of the registered trademark to the Trademark Office. The application procedures for the transfer of a registered trademark shall be handled by the transferee. After the Trademark Office approves the application for the transfer of a registered trademark, it shall issue corresponding certificates to the transferee and make an announcement. Where a registered trademark is transferred, the trademark registrant shall transfer the same or similar trademark registered on the same or similar goods together; If it is not transferred together, the Trademark Office shall notify it to make corrections within a time limit; If it fails to make corrections within the time limit, it shall be deemed as giving up the application for transferring the registered trademark, and the Trademark Office shall notify the applicant in writing. Where an application for assignment of a registered trademark may cause misunderstanding, confusion or other adverse effects, the Trademark Office shall not approve it, and notify the applicant in writing and explain the reasons? . Matters needing attention in signing a trademark transfer agreement
Regarding the handling of trademark transfer, it should be noted that:
(1) After the transferor and the transferee sign the Transfer Agreement, they must apply to the State Trademark Office for approval, and only after the transfer is approved by the State Trademark Office can the transferee formally obtain the exclusive right to use the trademark;
(2) identical or similar trademarks registered on the same or similar goods shall be transferred together, otherwise, the Trademark Office will be deemed to have abandoned the application for transfer;
(3) after accepting the application for assignment, the Trademark Office will approve it if it meets the legal requirements, and will not approve it if it does not meet the legal requirements.
In practice, some enterprises sign the Trademark Transfer Agreement with others, and after paying the transfer money and using the trademark or obtaining the Trademark Registration Certificate of the other party, they will not go through the trademark transfer approval procedures. Failure to obtain the trademark office's transfer approval procedures means that the trademark ownership is still in the name of the transferor, and the transferor is still the exclusive owner of the trademark in law, and the transferee has not obtained the trademark ownership recognized by law. Therefore, we emphasize that after concluding the Trademark Transfer Agreement, we must apply for trademark transfer and obtain the Certificate of Transfer of Registered Trademark issued by the Trademark Office. Otherwise, it will be a huge legal risk for the transferee. What pitfalls should be paid attention to in trademark transfer
According to the current trademark practice, China's trademark law and implementation regulations only give the trademark office the power to approve trademark transfer applications, but do not stipulate the responsibility for improper approval. Due to the lack of proper supervision of administrative power, administrative organs often have the right but no responsibility, and the power of the Trademark Office to approve trademark transfer applications is almost unrestricted, which provides an opportunity for criminals.
It is precisely by taking advantage of legal loopholes that some lawless elements forge the seal and signature of the trademark owner, transfer the registered trademark of others to themselves or a third party designated by them, and apply to the Trademark Office for relevant procedures to defraud them? Legal? Coat. After obtaining the registered trademark of others by illegal means, criminals often transfer or license the trademark to others to earn economic benefits, while the original trademark owner is kept in the dark and suffers huge losses; Or ask the original trademark owner for a high reward in exchange for the trademark, and threaten to sue him for trademark infringement if he is rejected. If the original trademark owner takes it as the defendant to file a lawsuit to confirm that the trademark transfer is invalid, they will run away and never appear in court, and the court will not be able to serve them with litigation materials, which brings many difficulties to the court in hearing such cases. At the same time, some rights holders think that litigation is too troublesome, which is not only time-consuming and labor-intensive, but also pays legal fees, investigation and evidence collection fees and other litigation expenses. They have to swallow the demands of criminals and transfer their own trademarks to themselves after paying them a sum of money.
It is precisely this weakness of the trademark owner that some lawless elements have taken a fancy to, and the amount demanded is generally roughly equivalent to the amount paid by the trademark owner for litigation, trying to induce the trademark owner to settle the case peacefully by paying the transfer fee. For those trademarks with important value or high popularity, they ask for high transfer fees.
The above is the trademark transfer agent provided by Xiaobian. I hope you can enjoy it!