Trademark transfer is generally carried out by signing a "General License", "Special License", "Special License Contract", "Trademark Rights Transfer Contract", etc. Most trademark transfers are based on the voluntariness of both parties. It is carried out on the premise of equal communication and price negotiation. Sometimes there will be free transfers. What risks will the free transfer of trademark rights bring?

1. After the trademark transferor entered into a trademark transfer contract with the first transferee, he concealed the above facts and entered into a trademark transfer contract with the second transferee.

In this case, it is generally believed that the first trademark transfer contract is established and effective, while the second contract is a voidable contract.

A brief discussion on the risks faced by free transfer of trademarks

If the second trademark transferee knows the facts concealed by the trademark transferor and does not exercise the right of cancellation, the second trademark transfer contract will also be valid .

At this time, the first trademark transferee has the right to require the trademark transferor to continue to perform the trademark transfer obligations, such as transferring the registered trademark, etc. The second transferee of a trademark can only require the trademark transferor to bear liability for breach of contract for failing to implement the trademark transfer.

2. Some transferable trademarks have been pledged by the trademark owner, licensed to others for use, or applied for cancellation by others. The above burdens will seriously affect the smooth transfer of trademarks.

3. Before transferring the trademark, the trademark transferee must review and confirm the term of use of the trademark and indicate the term of use on the registration certificate. If the trademark is renewed, the obligations of both parties to renew the trademark shall be stipulated in the contract. When a trademark expires, it may no longer be used. Do not be careless and cause your trademark transfer application to be disapproved.

There are risks in free trademark transfer. If you want to sell your trademark, you can contact our trademark website!