How to handle the transfer or transfer procedures of the exclusive rights of a registered trademark
According to my country's "Trademark Law" and its According to the provisions of the Implementing Regulations, after registration, a trademark will be transferred under certain conditions due to assignment or other reasons.
1. Transfer due to transfer
When transferring a registered trademark, the transferor and the transferee shall first Sign a transfer agreement and jointly file an application to transfer the registered trademark to the Trademark Office. The relevant application procedures shall be handled by the transferee, and the transferee shall ensure the quality of the goods using the registered trademark. After the Trademark Office approves the application for transfer of a registered trademark, it will issue the transferee a corresponding certificate and make an announcement. The assignee shall enjoy the exclusive right to use the trademark from the date of announcement. The transfer of a registered trademark will not affect the validity of the trademark license contract that was in effect before the transfer, unless otherwise agreed in the trademark license contract.
If a registered trademark is transferred, the trademark registrant shall transfer the same or similar trademarks registered on the same or similar goods together; if they are not transferred together, the Trademark Office shall notify the trademark registrant to make corrections within a time limit; If no correction is made upon expiration of the time limit, the transfer of the registered trademark will be deemed to have been abandoned.To apply, the Trademark Office shall notify the applicant in writing.
may cause misunderstanding, confusion or other adverse effects If the application for transfer of a registered trademark is affected, the Trademark Office will not approve it and will notify the applicant in writing and explain the reasons.
2. Transfer due to other reasons
span>The exclusive right to a registered trademark is transferred due to reasons other than transfer. If the trademark is transferred, the party accepting the transfer of the exclusive right to use the registered trademark shall go to the Trademark Office to handle the transfer procedures of the exclusive right to use the registered trademark with relevant certification documents or legal documents.
If the exclusive right to register a trademark is transferred, the registration Identical or similar trademarks registered by the holder of the exclusive right to a trademark on the same or similar goods shall be transferred together; if they are not transferred together, the Trademark Office shall notify the trademark owner to make corrections within a time limit; if the trademark owner fails to make corrections within the time limit, the trademark shall be deemed to have been abandoned. When applying for transfer of a registered trademark, the Trademark Office shall notify the applicant in writing.
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