What is the time limit after trademark transfer?
1. what is the time limit after trademark transfer? Trademark transfer is the act of trademark registrant giving away, selling or transferring the registered trademark owned and used by others. To transfer a registered trademark, both the transferor and the transferee shall apply to the trademark authority for transfer registration or evaluation and pricing within 6 months after the transfer. Some countries stipulate that the transfer of trademarks should be transferred together with the enterprise. China does not stipulate the transfer of trademarks together with enterprises, but stipulates that the transferee should guarantee the quality of the goods using the transferred trademarks. A trademark can also be used as an investment to buy shares at a fixed price. Second, how to review the effectiveness of the trademark transfer contract The effectiveness of the trademark transfer contract is mainly to review whether the contract is invalid or revocable, whether the transferred trademark is a trademark frozen by the people's court and a trademark registered as a pledge. 1. Examine whether there are any circumstances stipulated in Article 144th of the Civil Code of China in the contract. Article 144 of the Civil Code stipulates that a contract is null and void under any of the following circumstances: (1) one party concludes a contract by fraud or coercion, which harms the national interests; (2) Malicious collusion, harming the interests of the state, the collective or the third party; (3) Covering up illegal purposes in a legal form; (4) damage the interests of the public; (5) Violation of mandatory provisions of laws and administrative regulations. Article 147 of the Civil Code stipulates that one party has the right to request a people's court or an arbitration institution to modify or cancel the following contracts: (1) The contract was concluded due to a major misunderstanding; (2) obviously unfair at the time of conclusion of the contract. If one party leads the other party to conclude a contract against its true meaning by fraud, coercion or taking advantage of others' danger, the injured party has the right to request the people's court or arbitration institution to modify or cancel it. The people's court or the arbitration institution shall not revoke the request of the parties. 2. Examine whether the transferred trademark is a trademark frozen by the people's court and a trademark registered as a pledge. 3. Trademark Transfer 1. Where a registered trademark is transferred to another person, the transfer formalities of the registered trademark shall be handled at the Trademark Office. 2. Where the exclusive right to use a trademark is transferred due to enterprise merger, merger or restructuring, it shall go through the formalities for the transfer of a registered trademark at the Trademark Office. 3. Where the exclusive right to use a trademark is transferred according to a court decision, the transfer formalities shall also be handled. 4. When transferring a trademark, you need to transfer the similar trademark at hand. To transfer or transfer a trademark, an Application for Transfer/Registration of a Trademark shall be filled in. Since September 15, 22, a trademark that has been applied for but not yet approved for registration may also apply for assignment or transfer. With the continuous development of China's economy, more and more citizens will register their own enterprises, so enterprises should also register their trademarks and names after they are established. If there is a merger of enterprises or other circumstances in the course of business operation, it is necessary for the parties to apply to the local trademark authorities first, and then transfer them after examination.