Is trademark transfer a transfer of ownership and use rights? Can the two be separated? After the trademark registrant obtains the trademark rights, he has the right to possess the trademark, earn profits, etc., and the registrant can authorize other people to use the trademark or transfer it to other people. If the trademark is transferred, then the transfer of the trademark means the transfer of its ownership and rights. Right to use? Does trademark transfer transfer its ownership and right to use? Whether a trademark transfer transfers ownership and use rights is determined by negotiation between the two parties. The transferor can only transfer the use rights but not the ownership rights. 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. Can the ownership and use rights of a trademark be separated? First of all, we need to solve the problem of who will register. Time-honored brands generally involve multiple companies. These companies are originally one company. No matter which company is registered, it is unfair to the others. A trademark has the exclusive monopoly right to use. Once one company registers it, other companies cannot use it without permission. It is originally a resource shared by everyone. Why should you be allowed to own it alone? So how to solve this problem? Du Kang said in In the era of planned economy, the government-led solution can be regarded as a good method to learn from. If one company registers, others can use it for free. Article 5 of the Trademark Law stipulates that two or more natural persons, legal persons or other organizations may apply to the Trademark Office to register the same trademark at the same time, and shall jointly enjoy and exercise the exclusive right to use the trademark. There are two ways to solve the registration problem: 1. Register by one of them, 2. Register together from all parties. Secondly, solve the usage problem. The registration problem is easy to solve. The key is to use it. The one registered exclusively must allow other users to use it. How to allow it to be used? *** How do other companies that have registered the same use it? Everyone has a share. In fact, it almost means that no one has a share, just like a public company. *** Green space, anyone can step on it, only people step on it, no one maintains it, and soon the green space becomes a playground. Therefore, no matter what kind of registration method is used, a time-honored brand usage management committee should be jointly formed to formulate trademark usage rules. Everyone should use time-honored brands under the supervision and management of the management committee and jointly maintain time-honored brands. Usage rules include internal use rules, external transfer and licensing rules, and mutual maintenance rules, etc. The internal use rules mainly regulate internal use. If there is any use behavior that violates the use rules, it should be severely stopped, such as using time-honored products that are shoddy or of poor service quality. The right to use the time-honored brand should be stopped immediately. If it still cannot be used within a certain period of time, If corrected, the right to use it shall be permanently revoked. Time-honored brands should be strictly restricted from external transfer. Licensing rules need to be formulated for external licensing. The management committee shall unify external licensing and uniformly monitor the use of licenses. The licensing fees collected should be used for the maintenance of the trademark, such as for publicity, etc. If it is registered by one party Yes, a certain license fee should be paid. Regarding trademark transfer, does it transfer its ownership and use rights? Can the two be separated? 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.