Can trademark ownership be transferred?
Trademark ownership can be transferred.
First, trademark rights have a limited time limit. Therefore, before entering into a trademark rights transfer contract and a trademark rights license contract, you should first review the trademark that is the subject of the contract. Whether the exclusive right is still within its validity period, how long the validity period is, whether the Registered trademark renewal procedures have been completed, etc. This is to prevent certain units, individual industrial and commercial households, individual partnerships, etc. from deceiving the other party by transferring the trademark that is no longer protected by law, that is, the trademark without the exclusive right to use the trademark to others or allowing others to use it.
Second, the transfer of trademark rights must be carried out in accordance with the methods and procedures prescribed by law and cannot be transferred by oneself.
Issues related to trademark ownership
1. The trademark registrant must allow others to use his registered trademark. 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 county-level industrial and commercial administration authority where they are located for review. The licensor shall submit it to the Trademark Office for filing, and the Trademark Office shall make an announcement. .
2. When transferring registered trademarks for human medicines, tobacco products and other goods for which countries require the use of registered trademarks, the transferee shall provide certification documents from relevant departments: If the transferee uses a registered trademark for pharmaceuticals, a certification document issued by the health administrative department shall be attached; for a transferee of a registered trademark for cigarettes, cigars and packaged cut tobacco, a certification document issued by the national tobacco authority for approval of production shall be attached; The transfer of registered trademarks for other goods that require the use of registered trademarks in other countries must be accompanied by approval documents from the relevant competent authorities.
3. If you license others to use registered trademarks of human medicines, tobacco products, and other goods that require the use of registered trademarks in other countries, you must submit a copy of the license contract to them. When checking with the local county-level industrial and commercial administration authorities, the licensee shall attach the certification documents issued by the health administrative department or the nationalDocuments proving approval of production by the tobacco regulatory authority, or approval documents from other relevant competent authorities. If the above-mentioned approval documents are not provided, and the applicant still refuses to provide the above-mentioned approval documents when ordered to do so by the industrial and commercial administration or the Trademark Office, the licensee shall be deemed to be unqualified and the trademark right use license contract shall be invalid.
4. When signing a trademark transfer and license contract, you should check whether the other party has the corresponding qualifications, that is, whether it is an enterprise, institution, or social group established in accordance with the law. , individual industrial and commercial households, individual partnerships and in accordance with the agreement signed between their country of origin and the People's Republic of China or the international treaty they both participate in or based on the principle of reciprocity, they can become the subject of the trademark right transfer and licensing contract. For persons who do not have the corresponding qualifications, the counterparty shall not sign a trademark rights transfer and license contract with them; if the signing procedures have been completed, the contract shall be invalid or deemed to have not been established at all.
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