Trademarks are intangible assets for an enterprise. When an enterprise encounters problems in operation, it can obtain investment through the value of the trademarks. Similarly, when an enterprise goes bankrupt, the trademarks also have high value and can be transferred. Of course, there are many ways to transfer trademarks. Today, I will introduce you to the ways of trademark transfer.

1. the way of trademark transfer

1. the trademark is transferred with the enterprise

when an enterprise is on the verge of bankruptcy, investors may invest in the enterprise because of the value of the trademark and the enterprise. Similarly, there is the possibility of the enterprise being acquired. In the case of the enterprise being acquired, the trademark and the enterprise need to be transferred to the name of the acquirer together. The above way of trademark transfer is limited to the provisions in the current Trademark Law. In other countries, trademarks are allowed to be transferred, but enterprises are not allowed to be sold, such as France, Britain, Japan and other countries.

2. Separate transfer of registered trademark

A registered trademark is transferred separately, and it is a trademark applicant or enterprise that transfers the trademark right to others alone. In most cases, the trademark has been widely known and has high value. When a registered trademark is transferred separately, the product patent right and patent application under the trademark name will be transferred together, and the trademark assignee can make use of the value of the trademark itself to quickly enhance the visibility and competitiveness of the enterprise.

3. Transfer of trademarks in some categories

Transfer of trademarks in some categories refers to the transfer of trademarks in the lower categories of trademarks, such as Sprite under the Coca-Cola trademark category. In this case, Coca-Cola Company can transfer one of the trademarks, which is easy to cause confusion. Many people here think that this is similar to the nature of trademark licensing, but it is actually very different. In the case of trademark transfer, the trademark transferor is not allowed to continue to use the trademark to produce products, and both parties can produce products with the trademark under the permission of the trademark.

4. Trademark inheritance and transfer

Trademark inheritance and transfer belongs to free transfer, which mostly occurs between natural persons and individual industrial and commercial households, and the exclusive right to use trademarks of individual industrial and commercial households is inherited by their heirs.

II. Matters needing attention of trademark transferor

1. Trademark cannot be transferred by itself

When transferring a trademark, the trademark applicant cannot transfer it by himself through the agreement signed between himself and the trademark transferee, and it is necessary to go through the formalities in accordance with the provisions of the Trademark Law. The trademark transferor and the trademark transferee * * * both apply with the Trademark Office, and after approval by the Trademark Office, they will issue a notice of acceptance of trademark transfer. If the trademark transfer may cause misidentification, confusion or other adverse effects, the Trademark Office will not allow it and reject it. It can be seen that the trademark transfer is not decided by both the trademark assignor and the trademark assignee, but by the Trademark Office.

2. The trademark is not allowed to be transferred at will.

If the trademark has been engaged in chain activities before, and others are allowed to use the trademark, the trademark cannot be transferred at will. The solution to this situation must be negotiated and signed by the trademark applicant and the trademark licensor. After negotiation, the trademark licensor must agree to transfer the trademark to the assignee's name. In this case, the trademark assignor and the trademark assignee can apply to the Trademark Office for trademark transfer.

3. Guarantee the quality of goods

In the agreement, the trademark applicant and the trademark assignee should state that after the successful trademark transfer, the trademark assignee needs to guarantee the quality of goods, not to destroy the trademark reputation and protect the interests of consumers.

4. Paid transfer

Generally, in trademark transfer, it is paid transfer. Except for the fourth point of Trademark Inheritance and Transfer, you can choose paid transfer. The paid transfer of a trademark is negotiated by the trademark transferor and the trademark transferee. If the trademark transferee does not know much about the professional knowledge and cannot accurately evaluate the value of the trademark, he can choose an asset appraisal agency to help evaluate the value of the trademark. In addition to the value evaluation, both the trademark assignor and the trademark assignee should also declare the trademark value in the agreement.

III. Matters needing attention of trademark assignee

1. Investigation of trademark information

Before trademark transfer, the trademark assignee should check the trademark information through the official inquiry platform of trademark network (the official website of trademark network often cannot be opened, so other platforms can be considered, and the accuracy is also high), and check whether the trademark is the same as that stated by the trademark transferor, and whether there is any violation of the trademark, such as the use of well-known trademarks and other illegal words in publicity and promotion means.

2. Approximate trademark inquiry

When inquiring about trademark information, we should pay special attention to the approximate trademark information of a trademark. For example, if a trademark is found to have an approximate trademark, we should observe the registration time of the trademark and the approximate trademark. Usually, among the approximate trademarks, the priority registered trademark will not be affected.

3. Is it a valid trademark

When transferring a trademark, you should investigate whether the other party's trademark is a valid trademark and whether the trademark has been cancelled. If the trademark does exist, it can be transferred.

The above are matters that the trademark transferor and trademark transferee should pay attention to. Before the trademark transfer, both parties should strictly refer to the above points to complete the trademark transfer operation.