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Some issues that must be paid attention to when transferring trademarks

As a way to obtain trademark rights, the importance of trademark transfer is recognized by more and more enterprises or other market participants. Due to the large options and time required to obtain trademark rights through trademark transfer, Due to factors such as speed, simple procedures and stable rights, more and more individuals and companies tend to obtain trademark rights through trademark transfer.

Regarding trademark transfer, Intellectual Property Rights reminds everyone that you must be careful when transferring trademarks. Today, I would like to tell you some issues that you must pay attention to when transferring trademarks:

1. Trademark transfer must be approved by the National Trademark Office before it can be protected by law, otherwise it will be deemed as an invalid transfer. Article 42 of the Trademark Law stipulates: When transferring a registered trademark, the transferor and the transferee shall sign a transfer agreement and submit applications to the Trademark Office at the same time. The transferee shall ensure the quality of the goods using the registered trademark.

2. When a registered trademark is transferred, the trademark registrant shall transfer all similar trademarks registered on the same goods, or identical or similar trademarks registered on similar goods. This is also stipulated in Article 42 of the Trademark Law. For example, if you have three similar trademarks, you must transfer them together. You cannot transfer only one or _ of them.

3. If the trademark transferor is licensing others to use its registered trademark, it must obtain the consent of the licensee before transferring it to a third party. To put it simply, if you have a trademark that is used by others, if you want to transfer it at this time, you need the consent of others.

4. If the enterprise cancels or the individual dies, and the trademark transfer procedures are not completed within one year from the date of cancellation or death, the trademark transfer procedures can no longer be processed, and the trademark ownership will naturally disappear.

5. Trademarks that are under application can also be transferred, but if they fail to be approved by the National Trademark Office, the transfer will be unsuccessful.

6. Both parties to the trademark transfer, if they are enterprises, must submit a business license; if they are natural persons, they must submit a business license of an individual industrial and commercial household.

7. Notarization of trademark transfer is not necessary, but from the perspective of transfer security, we recommend notarization.

8. Trademark transfer cannot be suspended. If both parties submit an application, it cannot be suspended. If it is to be revoked, a second transfer can only be made, and the trademark is transferred to the original transferor.

In addition, it is particularly important to remind that the time and cost of trademark transfer are not fixed. The transfer time is mainly related to the trademark office's service procedures and efficiency, while the cost is related to the quality of the trademark itself.