What are the common legal knowledge of trademark transfer? The trademark transfer law first has a more important problem, that is, the registered trademarks are transferred together. For the transfer of registered trademarks, the second paragraph of Article 25 of the Regulations for the Implementation of the Trademark Law stipulates that if a registered trademark is transferred, the trademark registrant shall transfer the same or similar trademarks registered on the same or similar goods together. The provisions of this article only involve the transfer of registered trademarks together. If the transferor has other trademarks that are being applied for, and the transferred trademarks constitute the same or similar trademarks used on similar goods, the law does not stipulate how to deal with them. What are the common legal knowledge of trademark transfer? What are the common legal knowledge of trademark transfer? 1. Regarding the protection of the assignee's rights, Paragraph 2 of Article 39 of the Trademark Law 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. This shows that the time for the assignee to enjoy the exclusive right to use a registered trademark is sufficient for the announcement date when the Trademark Office approves the transfer. The Trademark Law stipulates two kinds of registered trademark disputes: one is improper registration dispute; The second is the dispute over the same or similar trademarks on the same or similar goods. In the former case, it can be presumed that anyone can file a dispute application for a registered trademark. In the latter case, Article 29 of the Regulations for the Implementation of the Trademark Law clearly stipulates that only a trademark registrant who applies for registration in advance can file a dispute application for the registered trademark. That is to say, if the other party's application does not belong to improper registration, then the assignee can only dispute it on the grounds of prior rights. Two. Only the assignee handles the transfer of a registered trademark. If the first paragraph of Article 39 of the Trademark Law stipulates the transfer of a registered trademark, the assignor and the assignee shall sign an assignment agreement and file an application with the Trademark Office at the same time. Where the first paragraph of Article 25 of the Regulations for the Implementation of the Trademark Law stipulates the assignment of a registered trademark, the assignor and the assignee shall submit an Application for Assignment of a Registered Trademark to the Trademark Office. The application procedures for the transfer of a registered trademark shall be handled by the assignee. 1 is a further improvement of the form, that is, the transferee is required to provide legal documents that reflect the authenticity and legality of the transfer as much as possible, such as the above-mentioned Application for Transfer of Registered Trademarks, Agreement on Transfer of Registered Trademarks, a copy of the Business License of an Enterprise as a Legal Person stamped with the official seal of the transferee, and the original of the Registered Trademark Certificate. After the Trademark Office approves the transfer application, it shall hand over the Transfer Approval Certificate together with the original Registered Trademark Certificate to the assignee. 2. The assignee shall go through the formalities for the transfer of the registered trademark instead of the assignee. Three. With regard to the use of the Certificate of Registered Trademark and the Certificate of Grant of Transfer, the Trademark Law does not stipulate what kind of right certificate the transferee obtains for the registered trademark approved for transfer by the Trademark Office. In practice, after the Trademark Office approves the application for the transfer of a registered trademark, it issues a Transfer Approval Certificate to the transferee, and indicates under the Transfer Approval Certificate that this certificate should be used together with the Trademark Registration Certificate. Four. Significance of the Transfer Agreement of Registered Trademarks If the old Trademark Law did not stipulate the transfer of a registered trademark, the transferor and the transferee must sign the transfer agreement, while the new Trademark Law clearly requires the transferor and the transferee to sign the transfer agreement. This legal change is to further reflect the transferor's expression of will on the basis of applying for the transfer of a registered trademark. Second, it is convenient for the Trademark Office to decide whether to transfer according to the true meaning of both parties when examining the application for transfer. At the same time, it is also to better clarify the rights and obligations of both parties, avoid the occurrence of infringement, or use the transfer agreement as the securities regulatory bureau when infringement occurs. Problems existing in applying for the transfer of a registered trademark cannot be revoked in the Trademark Transfer Law. The transfer of a registered trademark is the punishment given by the transferor to its registered trademark, and it is a civil right granted to the transferor by law. What are the common legal knowledge about trademark transfer? Bian Xiao answered this question here. If you have more questions about trademark transfer, you can continue to pay attention to Bajie Intellectual Property or contact us by phone.