Notes on trademark transfer are as follows:
1. Trademark transfer must be approved by the Trademark Office before it is legally protected. Otherwise, the transfer will be deemed invalid. 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. If a registered trademark is transferred together, 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 two of them.
3. If a third-party licensed 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. The transfer cannot be terminated. The transfer of a trademark cannot be suspended. Both parties have submitted an application. If it is to be revoked, it can only be transferred twice. The trademark can be transferred to the original transferor. This is the only method. .
5. If the transfer fails
Trademarks that are under application can also be transferred, but if the application fails, the transfer will be unsuccessful.
Both parties to a trademark transfer must have a business license, and natural persons must have an individual license, otherwise they cannot apply.
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.
6. From the perspective of transfer security, it is recommended that the transfer public obtain a notarization, so that both parties to the transfer can feel at ease.
If your company has trademark registration, rights protection and other needs, you are welcome to contact the senior trademark consultants of the Qizhidao platform for detailed consultation.