1. Is it necessary to sign a transfer agreement to transfer the right to use a trademark?
1 , Transferring the right to use a trademark requires signing a transfer agreement
Legal basis: "Trademark Law"
Article 42: When transferring a registered trademark, the transferor and the transferee shall sign a transfer agreement and jointly file an application with the Trademark Office. The transferee shall ensure the quality of the goods using the registered trademark.
When a registered trademark is transferred, the trademark registrant shall be responsible for the similar trademarks registered on the same goods, or the same or similar trademarks registered on similar goods. , should be transferred together.
For transfers that are likely to cause confusion or have other adverse effects, the Trademark Office will not approve the transfer and will notify the applicant in writing and explain the reasons.
After the transfer of a registered trademark is approved, it will be announced. The assignee shall enjoy the exclusive right to use the trademark from the date of announcement.
2. Like any civil rights, trademark rights include three parts: the subject of the right, the object of the right and the content of the right. The subject of trademark rights is the trademark owner, the object of rights is the registered trademark, and the content of the rights is the property right enjoyed by the trademark owner to exclusively use the registered trademark for specific goods or services.
The essence of trademark transfer lies only in the change of the subject of the trademark right, that is, the replacement of the trademark owner without changing the object and content of the trademark right. The original trademark owner gives up the rights to the registered trademark through the act of trademark transfer, and the new trademark owner obtains the exclusive right to the registered trademark through the act of transfer.
Therefore, the trademark transferGenerally, the transfer should follow the expression of intention of the trademark owner and the transferee. my country's Trademark Law also stipulates that the transfer of a registered trademark shall require the transferor and transferee to sign a transfer agreement. Therefore, any act of transferring a registered trademark without the permission of the trademark owner severs the relationship between the trademark owner and the registered trademark, and is essentially an infringement of trademark rights. The original trademark owner has the right to apply to the People's Court for confirmation of the trademark. Civil action to invalidate the transfer.
2. What are the main ways to exercise trademark rights?
1. The main ways to exercise trademark rights include using it yourself and authorizing others to use it.
The registrant enjoys the exclusive right to use the trademark, and of course can authorize others to use it and charge corresponding trademark usage fees. The trademark registrant can exclude others from using the same or similar trademark on the same or similar goods. For well-known trademarks, registrants can achieve cross-class protection that is not limited to similar or similar goods.
2. If the trademark is transferred to others for use, a transfer agreement needs to be signed; if the trademark is authorized to be used by others, a trademark license contract needs to be drawn up and signed.
According to the Trademark Law
Article 43 A trademark registrant may sign a A trademark license contract authorizes others to use its registered trademark. The licensor shall supervise the quality of the goods used by the licensee using its registered trademark. The licensee shall ensure the quality of the goods using the registered trademark.
If you use someone else's registered trademark with permission, you must indicate the name of the licensee and the place of origin of the goods on the goods using the registered trademark.
When licensing others to use its registered trademark, the licensor shall submit its trademark use license to the Trademark Office for record, and the Trademark Office shall announce it. The trademark use license shall not be used against bona fide third parties without registration.
After applying for trademark rights, citizens and units can transfer the trademark rights to others, but the transfer requires approval from the Trademark Office. In addition to transfer, the trademark owner can also use the trademark rights himself or authorize the intellectual property rights to other individuals or units for use. Hope the above content can be helpful to you, such asIf you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.