Trademark transfer is an act in which a trademark registrant transfers the exclusive right to use a trademark to another party in accordance with legal procedures during the validity period of the registered trademark.
Trademark transfer generally takes the following forms: contractual transfer, inheritance transfer, and transfer due to administrative orders. Trademark transfer needs to meet certain conditions. If you want to transfer a registered trademark to another person, you should go to the Trademark Office to go through the transfer procedures of the registered trademark. If the exclusive right to use a trademark is transferred due to a business merger, merger or restructuring, the registered trademark transfer procedures must be handled at the Trademark Office. If the exclusive right to use a trademark is transferred in accordance with a court decision, the transfer procedures must also be completed. When transferring a trademark, you must also transfer the similar trademark on hand. To handle the transfer or transfer of a trademark, you must fill out the "Transfer Application/Registered Trademark Application Form".
Since September 15, 2002, trademarks that have been applied for but have not yet been approved for registration can also apply for assignment or transfer. The transfer of a trademark is actually different from the licensing of a trademark. Transfer can be understood as the sale of trademark rights to others, that is, the transfer of trademark ownership. But if it is used under license, the ownership of the trademark is actually still in your own hands, and the licensee only has the right to use the trademark within a certain range. Therefore, the points that need to be paid attention to in the process of trademark transfer are different from the points that need to be paid attention to in the licensing of trademarks. When transferring a trademark, you must also transfer the similar trademark on hand. In addition, trademarks that have been applied for but have not yet been approved for registration can also apply for transfer.
What are the circumstances for trademark transfer:
1. The company is no longer in business and needs to transfer its trademark;
2. The company’s trademark is temporarily idle and there is no If you need to use it, you can transfer it for cash;
3. Other companies purchase the company's trademark at a high price;
4. Trademark transfer occurs due to corporate mergers, mergers or restructuring;
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5. Trademark transfer occurs in accordance with the court’s decision.
6. Other situations.
Legal basis: Article 42 of the "Trademark Rights Transfer" stipulates that when a registered trademark is transferred, the transferor and the transferee shall sign a transfer agreement and file an application with the Trademark Office at the same time. The transferee shall ensure the quality of the goods using the registered trademark.
If your company has trademark registration, rights protection and other needs, you are welcome to contact the senior trademark consultants of the Qizhidao platform for detailed consultation.