Trademark transfer is a way to obtain a trademark quickly, and trademark contract transfer is the most common way of transfer, but in real life, trademark transfer contract disputes often occur. How to avoid such disputes?

Matters needing attention in trademark transfer

To transfer a registered trademark, you need to go through some formalities, and the transfer result will take effect after it is approved by the Trademark Office. Transferring a trademark without the approval of the Trademark Office is an act of transferring a registered trademark by itself, which will be subject to administrative punishment and may even lead to the cancellation of the registered trademark.

After the transfer contract of trademark rights comes into effect, the transferor shall not use the transferred trademark on the goods or services approved for use with the transferee's trademark or similar goods and services within the effective area of trademark registration, otherwise it will infringe the transferee's trademark rights. If the assignor wants to continue to use the trademark, it must sign a trademark license contract with the assignee and obtain the authorization of the assignee.

Therefore, when transferring its registered trademark, the trademark owner shall transfer it to the same assignee together with other identical or similar trademarks registered on the same or similar goods or services. This is to prevent consumers from being confused and misunderstood that different producers or service providers use the same trademark on the same commodity or service.

A trademark transfer contract shall have statutory necessary clauses:

1, names, addresses, signing date and place of both parties;

2, trademark name, design, country, registration number, registered trademark approved the use of goods or services category and name;

3. License status of existing registered trademarks;

4. Price and payment method;

5. The transferee guarantees the quality of the goods;

6. Conditions and procedures for suspension and dissolution of the contract;

7. Liability for breach of contract;

8. Law application and dispute settlement.

Although the cost of trademark transfer ranges from tens of thousands to hundreds of thousands, it is not only the trademark itself that is transferred, but also the mature enterprise system, business philosophy and management mode of the trademark itself, so we must be cautious.