Is trademark transfer valid without registration?
China's "Trademark Law" and "Trademark Law Implementation Regulations" do not stipulate that if a trademark license contract is not filed, the license contract between the two parties will be invalid. It only stipulates that the trademark license contract should be reported to the Trademark Office for filing.
In addition, submit the license contract to the Submission for recordation is mainly for the third party's review and publicity, and is for the benefit of the third party. Therefore, if the trademark license contract is not submitted for recordation, if it is submitted for recordation, the rights obtained by the licensee of the contract cannot be Against the third person.
In civil law practice, in addition to the express provisions of the law, In addition to submitting the contract for deposit and filing and filing for filing as a condition for the validity of the contract, the consequences of failure to submit for deposit and filing and filing for filing in accordance with the law are generally determined to be inability to fight against a third party. Such a treatment will not be detrimental to either the parties to the contract or the third party, nor will it affect the administrative authorities' pursuit of the administrative responsibilities of both parties to the contract.
If the trademark license contract is not filed, the validity of the license contract will not be affected, unless otherwise agreed by the parties.If a trademark license contract is not filed with the Trademark Office, it may not be used against a bona fide third party. Judging from this article, the nature of trademark license contract filing has been relatively clearly defined.
The trademark transfer contract needs to be notarized and filed with the Trademark Office :
Generally, the Trademark Office will require trademark transfer Notarized, if not, you may be asked to make corrections. In fact, the trademark transfer procedure is not very troublesome. As long as both parties cooperate with each other, there is usually no big problem. This problem will be solved soon.
Documents required for notarization of trademark transfer:
1. If the transferor or transferee is a citizen, the " Resident ID card" original and one copy;
2. If the transferor and transferee is an enterprise legal person, the original or copy of the "Enterprise Legal Person Business License", the original and a copy of the "Organization Code Certificate", and the original legal representative qualification certificate should be submitted and a copy, the original and a copy of the legal representative's "Resident Identity Card" and a letter of introduction from the unit;
3. If the transferor or transferee is from another organization, relevant subject qualification certificates and original identity certificates of the person in charge and a letter of introduction from the unit should be submitted;
4. If the transferor or transferee is a joint-stock enterprise, the company's articles of association and the resolution of the shareholders' meeting approving the transfer or transfer of the right to use the trademark should be submitted. Original;
5. Registered trademark certificate, trademark ownership The original and a copy of the certificate and trademark pattern;
6. If you entrust others to handle the matter, provide a valid "Power of Attorney" and the trustee's ID card.
Note: Registered trademarks must not exceed the validity period. Shared trademark exclusive rights should be evidenced by the written consent of the other co-owners. If you have licensed others to use the registered trademark, you must submit written proof that the licensee agrees to the transfer. When transferring registered trademarks for tobacco products, medicines, etc., certificates from the corresponding production authorities must be provided. The transfer agreement should include provisions on transfer and other related expenses. The notary may require the parties to submit additional supporting documents based on the specific circumstances of the notarization matter.
After the trademark is notarized, it will be filed with the Trademark Office .
The above is the relevant knowledge compiled by the editor for everyone , if your situation is more complex, the Legal Savior Network also provides online lawyer consultation services, and you are welcome to seek legal consultation.