I. Matters needing attention in trademark transfer
In the process of transferring a registered trademark, the rights and interests of the trademark transferor, especially the transferee, are often in an extremely fragile position. Therefore, when handling trademark transfer, both parties should not only treat every environmental solution in the transfer procedure cautiously, but also consult or handle it through high-level and high-quality trademark agents to effectively avoid risks. The following examples are all possible problems in practice.
1, the trademark transfer is invalid. Invalid transfer means that the transfer of a registered trademark does not meet the restrictions stipulated in the trademark law. Although both parties have signed a trademark transfer agreement and Party B has paid the trademark transfer fee, it is impossible for the application for transferring a registered trademark to be approved by the State Trademark Office. Therefore, the transfer of the trademark is invalid, because the trademark cannot be transferred, so the owner of the trademark remains the same. Because it takes four to six months for the State Trademark Office to review the transfer of registered trademarks, and after the two parties sign the trademark transfer agreement, they still need to pay the transfer fee, prepare the relevant trademark transfer application documents, and mail and print them. Therefore, after the signing of the trademark transfer agreement, it is impossible to immediately determine whether the transferred trademark can be approved for transfer registration by the State Trademark Office, and it will take at least half a year to know. In this time difference, the trademark right is uncertain, and it is easy for the trademark assignee to be infringed. If it is a good-faith mistake at work, it can be corrected afterwards; However, the transferee will suffer huge economic losses for the malicious acts planned in advance.
2. Illegal transfer. Illegal transfer of a registered trademark means that the transferor of the registered trademark is not the owner of the registered trademark, or secretly transfers the registered trademark by fraud or other improper means without the consent of the registered trademark owner. Because there are objective loopholes in the existing trademark transfer procedures, it is not difficult to do such a thing. Although the interests of the trademark owner can be solved and protected through legal channels afterwards, the heavy losses suffered by the parties will be irreparable.
3. Conceal the loopholes in the rights and interests of the transferred trademark. When transferring a trademark, the trademark transferor conceals that the trademark has been licensed by others, pledged to pay off debts, and transferred before the transfer, resulting in damage and erosion to the actual rights and interests of the trademark transferee.
4. Partial transfer. Partial transfer means that the transferor of a registered trademark has not transferred other similar trademarks related to the transferred trademark right to the trademark assignee, but intentionally or unintentionally kept or concealed some similar trademarks similar to the transferred trademark, and after the trademark transfer, the transferor can still use other trademarks similar to the transferred trademark, which has caused substantial damage to the trademark assignee. The problem of partial transfer is essentially one of the situations of invalid transfer.
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