What is trademark transfer? Trademark transfer refers to the act that a trademark registrant transfers the exclusive right to use a trademark to others within the validity period of a registered trademark in accordance with legal procedures. Article 42 of the Trademark Law stipulates that if a registered trademark is assigned, the assignor and the assignee shall sign an assignment agreement and file an application with the Trademark Office.

Recently, I met many cases where both parties signed the transfer agreement privately, but did not file an application for trademark transfer in the Trademark Office. Here it is necessary to remind friends who have not handled the trademark transfer of risks:

1. Without trademark transfer, it is impossible to fight against a bona fide third party. Once the registrant transfers the trademark to others, it will definitely infringe your rights;

Second, the change of the original registrant's right subject will inevitably affect your trademark right. For example, the cancellation of the original registrant or the death of a natural person will inevitably hinder you from claiming trademark rights in the future. In addition, if the registrant is a natural person and divorce leads to the division of property, then the trademark registered in his name will be divided as the property of husband and wife.

Therefore, trademark transfer is very important, and we must not lose big because of small things. Handle trademark transfer in time and effectively protect rights.