Trademark ownership can be transferred. First, trademark rights have a time limit. Therefore, before concluding a trademark transfer contract and a trademark license contract, it is necessary to first examine whether the exclusive right to use a trademark as the subject of the contract is still within its validity period, how long it is valid, and whether the registered trademark has been renewed. This is to prevent some units or individual industrial and commercial households and individual partnerships. Never transfer a trademark that is not protected by law, that is, a trademark that has no exclusive right to use a trademark, or allow others to use it and cheat each other. Second, the transfer of trademark rights must be carried out in accordance with the methods and procedures prescribed by law, and may not be transferred by itself.
Where a trademark registrant permits others to use his registered trademark, he must sign a trademark license contract. The licensor and the licensee shall, within three months from the date of signing the license contract, submit a copy of the license contract to the local county-level administrative department for industry and commerce for the record, and the licensor shall submit it to the Trademark Office for the record, and the Trademark Office shall make an announcement.
Frequently asked questions: How to handle trademark transfer? Matters needing attention in trademark transfer
When signing a trademark right transfer and use license contract, it should be examined whether the other party has the corresponding qualifications, that is, whether it is a legally established enterprise, institution, social organization, individual industrial and commercial household or individual partnership, whether it can become the subject of the trademark right transfer and use license contract according to the agreement signed between the country where it is located and People's Republic of China (PRC), or the international treaty to which * * * is a party, or according to the principle of reciprocity. For those who do not have the corresponding qualifications, the relative person may not sign a trademark right transfer and use license contract with them; If the signing procedures have been completed, then the contract should be invalid or regarded as a contract that has not been established at all.
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