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Does the transferee of trademark transfer need a business license?

Does the transferee of a trademark transfer need a business license? Trademark transfer refers to an act in which the trademark right holder transfers the trademark right or the right to use it to another person. When transferring a trademark, both parties need to sign a transfer contract and apply for filing with the Trademark Office. To apply for filing, the corresponding documents must be submitted. materials, then does the transferee of trademark transfer need a business license? Does the transferee of trademark transfer need a business license? Whether the transferee of a trademark transfer needs a business license depends on the transferee. If the transferee is an individual, a business license is not required. If it is an enterprise, a business license is required. Article 42 of the Trademark Law of the People's Republic of China: When a registered trademark is transferred, the transferor and the transferee shall sign a transfer agreement and file an application with the Trademark Office at the same time. The transferee shall ensure the quality of the goods using the registered trademark. When transferring a registered trademark, the trademark registrant shall transfer all similar trademarks registered on the same goods, or identical or similar trademarks registered on similar goods. For transfers that are likely to cause confusion or have other adverse effects, the Trademark Office will not approve the transfer and will notify the applicant in writing and explain the reasons. After the transfer of a registered trademark is approved, it will be announced. The assignee shall enjoy the exclusive right to use the trademark from the date of announcement. What is the difference between the transfer and licensing of a registered trademark? A trademark license only allows the trademark holder to allow others to use the trademark within a certain scope of rights, while a trademark transfer transfers the trademark rights to the name of the person. The following is a detailed introduction for you. The nature of licensing and transfer of registered trademarks is completely different. Licensing does not result in the transfer of the trademark owner, but only allows the trademark owner to allow others to exercise its rights within a certain scope of rights. The licensee has no right to transfer trademark rights; in the event of infringement, the licensee generally cannot initiate litigation in its own name unless expressly authorized by the rights holder. A person can license others to use his or her registered trademark by signing a trademark license contract. The licensor is obliged to monitor the quality of the goods used by the licensee using its registered trademark. The licensee is also obliged to ensure the quality of the goods using the registered trademark. At the same time, when being licensed to use another person's registered trademark, the name of the licensee and the place of origin of the goods must be marked on the goods using the registered trademark. A trademark license contract must be reported to the Trademark Office for filing. However, there is no provision that the validity of the contract will be affected by filing, so even if no filing is made, the contract will still be legally valid. But transferring registered trademark rights is different. Not only should the transferor and the transferee sign a transfer agreement, and the transferee should ensure the quality of the goods using the registered trademark, but both parties must also submit an application to the Trademark Office in the form of an application for transfer of the registered trademark. In particular, it should be noted that the transfer of a registered trademark is only available to the transferee from the date of announcement after the Trademark Office has approved and announced it. In other words, if the contract for the transfer of registered trademark rights does not undergo administrative approval and announcement, it will not have any legal effect against the third party. At most, there may be liability for breach of contract between the transferor and the transferee. Regarding trademark transfer, does the transferee need a business license? We have answered this question for you here. If you want to apply for trademark transfer, please contact our online customer service, or call the Bajie Intellectual Property National Free Service Hotline. We have many years of professional intellectual property agency experience and a first-class business team And the concept of serving customers wholeheartedly will definitely help you apply smoothly.