Article 42 of my country’s Trademark Law clearly stipulates the transfer of trademarks: When transferring a registered trademark, the transferor and the transferee shall sign a transfer agreement and submit the request to the Trademark Office at the same time. Apply. The transferee shall ensure the quality of the goods using the registered trademark. What issues should the transferee pay attention to when transferring a trademark?

1. Is the trademark legal and valid?

According to the provisions of my country’s Trademark Law, a registered trademark is valid for ten years from the date of the registration announcement. It can be renewed upon expiration. Failure to renew after the expiry date will be considered as giving up. At the same time, during the validity period of the trademark, you may also face situations such as "revocation if not used for three consecutive years", "declaration of invalidity as a common name", "inaccurate trademark registration matters", etc. Therefore, before transferring a trademark, you must check whether the transferred trademark is a valid registered trademark. To check whether a trademark is valid, you can directly log in to the official website of the Trademark Office to check, or you can entrust a trademark agency service agency of the First Trademark Office to provide you with free trademark registration inquiries.

2. Is there any flaw in the quality of the trademark?

Generally speaking, registered trademarks will basically not violate the "Trademark Law", and most of the trademarks themselves will not. Issues that are easily confused or have adverse effects. However, with the development and changes of the times, the types of goods (or services) are iteratively updated, and popular languages ????change. Trademark transferees with potential risks must be carefully identified. During the trademark transfer process, the Trademark Office will also review the transferred trademark. If any adverse effects are found, the trademark may be canceled immediately.

3. Similar trademarks cannot be omitted.

In the transfer of trademarks stipulated in the Trademark Law, similar trademarks of the same registrant shall be transferred together. The rigid provisions of this law are to prevent market chaos from causing inconvenience to consumers, and the transferee should be clearly informed. In order to protect a certain trademark, some businesses register many similar trademarks. When the trademark is transferred, the transfer fee will increase and the transfer procedure will become more complicated.

4. Sign a transfer agreement

The trademark transfer agreement signed by the transferor and the transferee shall comply with the provisions of the "Contract Law" and shall not include any economic activities during the transfer process such as transfer fees. , whether to transfer the management rights and other issues should be agreed in advance. At the same time, it takes 3 to 5 months for the Trademark Office to process a trademark transfer, and the approval of the transferred registered trademark must be announced before the transferee can enjoy the exclusive rights to the trademark. Therefore, from the signing of the transfer agreement to the final transfer of the exclusive rights to the trademark, both parties should also agree on the ownership of the trademark rights in advance in the agreement.

5. You are not allowed to transfer the trademark by yourself

Trademark transfer must be submitted by both parties to the Trademark Office together with the "Application for Transfer of Registered Trademark", and the main application procedures in the process are by the transferee. The application must be approved by the Trademark Office, otherwise both parties will face the risk of being punished and may even have their trademarks cancelled. At the same time, the risks faced by the transferee mentioned above can be resolved one by one through the Trademark Office. Invalid trademarks, trademarks with hidden dangers, and trademarks with problematic registration matters cannot escape the sharp eyes of the Trademark Office. The approach may seem harsh and cumbersome, but in fact it reduces the risks borne by the transferee.