Can trademark rights be transferred free of charge?

As we all know, trademark is an intangible asset and we can evaluate its value. Since it is valuable, can we transfer it for free? Today, the editor of Legal Savior Network will tell you about the transfer of Trademark rights and some issues that should be paid attention to.

Can trademark rights be transferred for free?

Trademark rights can be transferred for free.

1. Characteristics of trademark rights

(1) Proprietary

The exclusivity of trademark rights, also known as exclusivity or monopoly, means that the owner of a registered trademark has the exclusive right to use its registered trademark, and any other Organizations and individuals may not use the registered trademark without the permission of the registered trademark owner.

(2) Temporality

The temporality of trademark rights is also called statutory temporality, which refers to Trademark rights are rights with a limited time limit and are protected by law only within the validity period. After the validity period, the trademark rights are terminated and are no longer protected by law.

(3) Regionality

Trademark rights have strict regionality, which is determined by the trademark rights determined by the nature of domestic law.

(4) Transferability

Trademark right, as a kind of property right, is determined by the trademark registrant according to certain Conditions may be imposed on transfer of property rights or licensing.

2. Issues that should be paid attention to when transferring trademarks for free

Trademark transfer In practice, free transfer sometimes occurs. The trademark transferor transfers the trademark to the transferee, but the trademark transferor does not receive any consideration, or some trademark transfer contracts clearly stipulate that the trademark transfer is free of charge.

Trademark right is a kind of property right. In fact, the free transfer of trademark rights should be an act of donation from a legal analysis, and this trademark transfer contract should be a gift contract.

Article 185 of the Contract Law stipulates that a donation contract is a contract in which the donor gives his property to the donee free of charge and the donee expresses acceptance of the donation. Obviously, the property in the donation contract includes Tangible property and intangible property, trademark rights are of course no exception, and the donee obtains the property free of charge, that is, there is no need to pay consideration.

So there is something special to note here. That is, the issue of the donor exercising the right of revocation.

Article 186 of the "Contract Law" stipulates that the donor can revoke the donated property before the right to transfer it. Donation.

As mentioned above, the transfer time of trademark rights should be the date of approval and announcement by the trademark authority. In this way, the trademark donation contract will be signed from the signing of the trademark transfer announcement to the announcement of the trademark transfer. There is probably a long period of time during which the trademark donor can revoke the donation at any time. Since many parties do not fully understand trademarks as property rights, many parties sign trademark transfer contracts very arbitrarily, and often do not agree on the consideration. Or it is directly stated to be free of charge, so the legal risk faced by the trademark transferee is very high.

So to be cautious, the trademark transfer contract should stipulate a clear consideration. If It is a free transfer, and it is best to sign a "donation contract".

The above is some legal knowledge about the transfer of trademark rights compiled by the editor. To sum up, We can see that trademark rights, as a kind of property right, can be transferred for free. However, a good contract must be signed when transferring for free. If you have other legal knowledge that you need to know, the Legal Savior Network also provides online legal knowledge Consultation. Everyone is welcome to consult on legal knowledge.