Can all trademark rights be transferred
No. First of all, trademarks follow the principle of voluntary application. It is not necessary to apply for a trademark, but for the future development of your business, a trademark is also essential. However, in some special industries, trademark application is compulsory.
Second, the principle of prioritization in trademark application. Whoever applies first will have exclusive rights to the trademark. Many people mistakenly believe that they have exclusive rights to the trademark if they use it first. This is not the case.
Third, the principles of trademark application and registration. The exclusive right to a trademark is obtained through registration. Regardless of whether the trademark is used or not, as long as it complies with the trademark regulations and is approved by the trademark authority, the applicant will obtain the exclusive right to the trademark and be protected by law.
A good trademark is the basis for establishing a corporate brand. At the beginning of starting a business, you must choose a good name for your product.
Methods for transferring trademark ownership:
Applicants can entrust a trademark owner recognized by the State Administration for Industry and Commerce to Organizations with agency qualifications can also apply directly at the Trademark Registration Hall of the State Trademark Office. At present, there are nearly 800 nationally recognized trademark agency organizations, distributed in various provinces, autonomous regions, and municipalities across the country.
Applicants should decide based on their own specific circumstances whether to entrust an organization with trademark agency qualifications to handle the transfer of a registered trademark, or to go directly to the Trademark Office. If the applicant is familiar with trademark laws, regulations and related procedures, and the postal service of his usual residence or business place is in good condition, he can go directly to the Trademark Office; if he does not meet the above conditions, it is best to entrust a trademark agency to act as an agent; he has no habitual residence in China or Foreigners or foreign enterprises with business premises applying for transfer registration in China should entrust a trademark agency to handle it on their behalf. In the process of reviewing trademark transfers, the Trademark Office often issues various documents to the applicant, such as notices of correction, notices of rejection, etc. Most of these documents require applicants toMake certain modifications to the original application content and reply. These documents are generally mailed through the post office. In view of the fact that the postal channels in some areas of our country are not very smooth, and some applicants' addresses have changed, applicants often fail to receive documents issued by the Trademark Office, which affects the transfer registration process.
Trademark agents in trademark agency organizations are familiar with trademark laws and regulations, are proficient in trademark business, and can more accurately understand the intentions of the client and the Trademark Office, and assist The parties concerned made accurate modifications to the documents issued by the Trademark Office requesting modification, so that the review of the transfer registration application could proceed smoothly.
Trademark rights transfer involves a lot of content. If possible, it is best to hire a professional lawyer to handle it. There are many lawyers on the Legal Savior Network who can help you.
