How to change trademark ownership

What should you do if you want to transfer or sell the trademark after acquiring it? A trademark is also an asset and can be sold to others, so how to transfer the ownership of the trademark. Today, the editor of Legal Savior Network will take you to look at the issue of "how to change trademark ownership" and its follow-up questions. Hope it helps you.

How to change trademark ownership

According to the current provisions of Article 41 of the Trademark Law: "Change of registrant of a registered trademark" If the name, address or other registration matters are changed, an application for change shall be submitted. "Change of trademark refers to changing the registrant, registered address or other matters of the registered trademark. If the applicant changes its name, address, agent, or deletes the designated goods, it may go through the change procedures with the Trademark Office. If you want to change the text or graphics of a registered trademark, you must resubmit a trademark registration application and it will be treated as a new trademark application and cannot be called a trademark change.

There are two ways to apply for changing the name, address or other registration matters of the trademark registrant:

( 1) Entrust a trademark agency registered with the Trademark Office to handle the matter.

(2) The applicant goes directly to the trademark registration hall of the Trademark Office to apply for trademark ownership

Trademark ownership

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Trademark ownership, also known as trademark possession and trademark exclusive rights, is a type of industrial property rights. It refers to the trademark authority granting the trademark owner its registered trademark in accordance with the law. Exclusive rights protected by national law. Trademark registrants or rights successors have various legal rights to registered trademarks within the statutory period.

A trademark is a commercial sign used to distinguish goods and services from different sources. It consists of words, graphics, letters, numbers, three-dimensional signs, color combinations, or a combination of the above elements. constitute. Trademark is an identification mark in industrial activities, so the role of trademark rights is mainly to maintain order in industrial activities, which is different from the role of patent rights, which is mainly to promote the development of industries.

To obtain trademark ownership, you must go through the trademark registration procedure, and the first-to-file principle is implemented. The trademark authority grants trademark owners the exclusive right to protect their registered trademarks under national laws in accordance with the law.

The trademark registrant obtainedAfter the trademark authority grants trademark ownership in accordance with the law, its registered trademark is protected by national law, and it can control its registered trademark in accordance with the law and prohibit others from infringing upon it, including the trademark registrant's exclusive use rights, income rights, and disposal rights of its registered trademark. The right of renewal and the right to prohibit infringement by others.

According to the provisions of my country's Trademark Law, the trademark right is valid for 10 years, calculated from the date of approval of registration. Application for renewal is made within 6 months before expiration. If you fail to apply within this period, you will be given a 6-month grace period. Renewal can be repeated indefinitely, with each renewal period lasting 10 years.

Trademark right is an intangible asset that not only has use value to the trademark owner, but also has economic value and can be used to pay off debts, that is, transferred according to law. According to the provisions of my country's Trademark Law, trademarks can be transferred. When transferring a registered trademark, the transferor and the transferee should sign a transfer agreement and file an application together.

Understand some legal knowledge and not panic when encountering problems. The above are the answers to these questions, I hope they are helpful to everyone. If you need help in this regard, the Legal Savior Network provides online lawyer consultation services and you are welcome to make legal consultations.