Today's shopping mall is like a battlefield, changing rapidly. A qualified warrior should understand the overall situation and have all kinds of information, and cannot generalize. At the national legal level, there are basically no excessive restrictions on trademark transfer, and the legislation is not perfect yet. However, if you personally need to transfer a trademark, it is best to learn more about it to avoid unnecessary losses.
Generally speaking, there are several types of trademark transfer that are impossible. The first is that a collective trademark cannot be transferred individually. It must be transferred out with the consent of the owner of the trademark use rights, and it must be transferred in full. The party transferring out cannot have similar trademarks in hand, otherwise the Trademark Office will not approve it. , and collective trademarks are collectively owned and cannot be transferred individually. The second type is that the trademark transfer of geographical indications is basically not allowed. This is because the Trademark Office considers that if a trademark unique to a certain place is used in other places, it will cause misunderstandings and various inconveniences to consumers. Generally, Will not pass.
Nowadays, many people are registering trademarks similar to famous brands to ride on the popularity and seek their own interests. Many of them are even reduced to memes and jokes. In the matter of trademark transfer, the transferring party cannot have a similar trademark in the hands, otherwise the Trademark Office will not approve it. So what is a similar trademark? There are several general principles for judgment. The easy-to-distinguish principle simply means that ordinary people cannot distinguish the trademarks with ordinary attention when purchasing, so they are called similar trademarks. The principle of similarity of entities, this principle mainly refers to the overall observation of trademarks, and is adopted by most countries. Regarding the principle of isolated observation, please do not take it literally and think that two similar trademarks are put together for observation. In fact, this is not the case. It probably means that the meaning of a certain part of the trademark becomes stronger. If in this case, generally buy It is easy for users to misunderstand the trademarks and may be considered similar trademarks. Finally, the simplest is the principle of popularity. Generally, the logo of a well-known product will give people a strong hint. Even if elements are added to such a trademark, it will have an impact on public perception, so it will be considered a similar trademark. I hope the above judgment methods and principles can give some inspiration to friends who want to take over trademarks.
The above is a summary of the things you may need to pay attention to during trademark transfer. I hope it can be helpful to everyone. Bajie Trademark Network provides trademark transfer services and saves time on trademark registration by purchasing trademarks.
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