How long will the trademark transfer agreement take effect?
How long does the trademark transfer agreement take effect? As long as the effective conditions agreed by both parties are established, the contract is valid. The assignment contract is a contract between the assignor and the assignee, and both parties may request that the effective date of the contract be added to the assignment contract at work. However, if a trademark is transferred, an application for transfer must be filed with the Trademark Office. After the Trademark Office issued the Trademark Transfer Approval Certificate and announced it, the trademark officially belonged to the assignee, and it took almost 6-9 months to apply for transfer. 1. Is the trademark transfer contract a mandatory contract or a non-mandatory contract? The so-called essential contract refers to the contract that the law stipulates that the contract can only be established or take effect in a specific form. Therefore, whether the provisions of Article 39 of the Contract Law can be regarded as a necessary contract for trademark transfer is not the case. Article 36 of the Contract Law stipulates that a contract shall be concluded in written form in accordance with the provisions of laws and administrative regulations or the agreement of the parties. If the parties have not concluded a contract in writing, but one party has fulfilled its main obligations and the other party accepts it, the contract is established. Article 39 of the Trademark Law stipulates that "the assignor and the assignee shall sign an assignment agreement", which does not mean that the trademark assignment contract is a necessary contract. If the transferor and the transferee verbally agree to transfer a trademark, and the transfer is the true intention of both parties, the above trademark transfer shall be deemed valid. 2. The establishment and effectiveness of the trademark transfer contract Whether a trademark transfer contract is established is purely a practical issue, and its significance lies in determining whether the contract already exists, whether the contract is this contract (that is, the contract type), and the difference between contractual behavior and factual behavior. "Contract Law" clearly stipulates that the contract shall be established from the date when the promise is reached. As far as the trademark transfer contract is concerned, the trademark transfer contract is naturally established from the date of acceptance. The entry into force of a trademark transfer contract means that the trademark transfer contract meets the statutory entry into force conditions (legal subject, legal content, true and voluntary expression of will and legal form) and is binding on the parties according to law. Whether the contract comes into effect or not is a question of legal value judgment, and its significance lies in determining whether the contract conforms to the spirit and provisions of the law, so as to obtain the effect of legal recognition. As far as the trademark transfer contract is concerned, under normal circumstances, the trademark transfer contract will take effect immediately, unless the parties to the trademark transfer contract set other conditions or deadlines for the contract to take effect. 3. Transfer of the exclusive right to use a trademark As mentioned above, the establishment and effectiveness of the trademark transfer contract only shows that the trademark transfer contract is legally binding on both parties, but this does not mean that the trademark right has been transferred. Article 39 of the Trademark Law clearly stipulates that after the transfer of a registered trademark is approved, it shall be announced. The transferee shall enjoy the exclusive right to use the trademark from the date of announcement. Thus, the relationship between trademark transfer and the establishment and effectiveness of trademark transfer contract should be that the establishment and effectiveness of trademark transfer contract is the premise of trademark exclusive right transfer, but conversely, the establishment and effectiveness of trademark transfer contract does not necessarily lead to the transfer of trademark exclusive right. As we all know, the principle of publicity and public trust is adopted in the change of property rights. For example, the transfer of movable property rights generally occurs at the time of delivery, and the transfer of immovable property rights generally occurs at the time of registration. According to this principle, the transfer of the exclusive right to use a trademark is also publicized through the approval and announcement of the trademark authority, which generates credibility based on the above publicity. Generally, the effective time of trademark transfer agreement will take effect immediately after signing. If the effective time of trademark transfer involves some conflicts of interest, it depends on the settlement time of both parties, but this situation is generally rare. When signing the transfer agreement, you can add the description of the effective date of the contract in time to obtain it more accurately.