Notes on trademark transactions: According to Article 42 of the Trademark Law and the Implementing Regulations of the Trademark Law, when transferring a registered trademark, the transferor and the transferee shall apply to the Trademark Office for transfer at the same time Registered trademark. In some cases, the trademark is transferred based on a court decision. In this case, it is also necessary to go through the trademark transfer procedures at the Trademark Office. For trademark transfer, the "Application Form for Transfer of Registered Trademark" should be filled out.

You can’t eat hot tofu in a hurry. In fact, there are still many minefields hidden in the trademark transfer process. I have compiled some precautions to keep everyone’s eyes open, so as not to waste money and not get the trademark. Big loss.

1. Has the trademark been approved for registration?

If the trademark has not been registered at all, anyone has the right to use the trademark;

2. Whether the other party has Have the right to dispose of trademark rights

After ascertaining the authenticity of the trademark registration, you must also find out whether the person you are dealing with has the following conditions:

a. Whether you have the right to dispose of the registered trademark

b. Is he the right holder (registrant or owner) of this registered trademark?

c. Or an agent specially authorized by the right holder

d. Or the licensee who allows sub-license

e. If the trademark is owned by ***, has he obtained the consent of the *** owner?

3. What is the requirement for trademark registration? Expires at the time

Trademark registrations all have a time limit. In most countries, the validity period of a trademark is 10 years (some are calculated from the date of application, and some are calculated from the date of registration); however, it can be renewed upon expiration. Registration (if the trademark is not renewed after expiration, there will be a certain grace period according to the situation of each country. If the trademark is not renewed within the grace period, the trademark will be invalid).

4. What are the goods or services designated by the trademark?

The exclusive right of a registered trademark is limited to the goods or services approved for use. (Trademarks are registered according to the International Nice Classification. Generally, products or services are divided into 45 categories. In which category of the classification the applicant's products or services operate, he or she applies to register a trademark in that category)

5. Is there any dispute over the trademark?

Is there any dispute over the trademark in the transaction, such as ownership dispute, cancellation of registration or declaration of invalidity? If these disputes exist, the other party may lose ownership of the trademark in the future, and even the transaction Trademark registrations cease to exist due to cancellation or invalidity. It is worth noting that in some trademark contract dispute cases, if there is no explicit agreement, even though the trademark registrant does not disclose the facts of the trademark dispute, he does not need to bear liability for breach of contract.