Trademark transfer: The act of a trademark registrant transferring the exclusive right to use a trademark to another person in accordance with the procedures prescribed by law during the validity period of the registered trademark. Assignment is ownership of a trademark. After the trademark is transferred, the transferor has no right to dispose of the trademark. Trademark transfer generally includes contract transfer, inheritance transfer and administrative order transfer.

Trademark license: It is the transfer of the right to use the trademark, but the ownership of the trademark is not transferred. Trademark licenses are divided into general licenses, exclusive licenses and exclusive licenses. After the trademark is licensed, the licensor can also enjoy the ownership of the trademark, and some can continue to use it.

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); in the use license, the licensor continues to own the trademark rights , has the obligation to monitor the quality of the goods (or services) on which the licensee uses the trademark.

3. The transfer of a registered trademark must be reported to the Trademark Office of the State Administration for Industry and Commerce for approval; for licensing of a registered trademark, you only need to sign a trademark license contract and report it to the local industrial and commercial administration authority for filing.

4. In the case of transfer, the transferee must meet the legal conditions; in the case of licensing, the requirements for the licensee are relatively broad.

5. When transferring, the transferor transfers all the ownership, exclusive rights, transfer rights, licensing rights and litigation rights of the registered trademark to the transferee; in the use license, the licensee only enjoys the right to use License rights.

6. In a transfer, the transferee is free to decide the ownership and duration of the trademark use rights on the premise of complying with the trademark law; in a license, the licensor and the licensee agree to decide the ownership and duration of the right to use the trademark. The term of the trademark license.

7. Trademark transfer requires signing the relevant transfer application documents and submitting them to the Trademark Office for registration of transfer. The legal consequence is the transfer of the exclusive right to use the trademark, and the trademark use license only requires the signing of a trademark use license contract. The trademark use license shall be reported to the Trademark Office for filing. The legal consequence of not entering into a trademark licensing contract is that you cannot fight against a bona fide third party.

8. Trademark transfer requires the transfer of identical or similar trademarks registered on the same type of goods, but there is no provision in the trademark license.

9. In actual application, the trademark license requires payment of usage fees according to the authorized use period, while trademark transfer requires a one-time transfer fee as agreed 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 and unnecessary losses in the same industry. Trademark transfer offers the highest level of reliability and security. Obtaining a trademark through trademark transfer is also a relatively stable way.

If you want to get a suitable trademark as soon as possible, you can go to the official website of Bajie Intellectual Property Trademark Network to select directly, or you can contact the online customer service on our website, and we will make timely and accurate arrangements for you. Senior trademark consultants are at your service!