1. Is it possible to transfer the right to use a trademark?
Yes.
Legal basis: "Trademark Law of the People's Republic of China"
Fourth Article 12 When transferring a registered trademark, the transferor and the transferee shall sign a transfer agreement and jointly submit an application to 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.
Whether the trademark transfer transfers ownership and use rights is determined by negotiation between the two parties. The transferor can only transfer the use rights without transferring ownership.
2. What is the essence of trademark transfer
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 owner of the trademark right, that is, without changing theUnder the premise of changing the object and content of the trademark right, the trademark owner can be replaced. The original trademark owner gives up the right to the registered trademark through trademark transfer, and the new trademark owner obtains the exclusive right to the registered trademark through the transfer. .
Therefore, trademark transfer should generally 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 litigation for invalid transfer
3. How to apply for your own trademark
1. First, determine what product or service your trademark is applied to;
2. Based on the product or service, determine which category you want to register Purpose trademark;
3. Get the trademark name and conduct a similar search for the trademark. If there is one, you need to rename it, otherwise the trademark application will not be approved; We can query through the query system on the official website of the Trademark Office, or we can send it to an agency for help in query
4. Prepare relevant information and submit trademark registration to the Trademark Office;
5. The Trademark Office conducts an examination, which is divided into formal examination and substantive examination (1) Formal examination: the formal examination time is 3-4 months. If you pass the review, you will receive a trademark acceptance notice. If the trademark does not pass, it will not be accepted. (2) Substantive examination: The time for substantive examination is 6-7 months. If the substantive examination meets the requirements, it will enter the trademark preliminary examination announcement and receive an announcement notice. If it does not meet the requirements, it will be rejected. (3) All trademarks may be subject to trademark rejection, similarity, withdrawal, opposition, etc. during the registration process. I believe this is an issue that everyone who registers a trademark wants to know and should pay attention to.
6. Trademark announcement: After the trademark review is passed, it will enter the preliminary review announcement (note that the time is 3 months). During the preliminary review announcement period, if no one raises a trademark objection , then the trademark is successfully registered.
In summary, your trademark can be transferred to others for use, but the specific transfer details and signed agreement must be negotiated by both parties themselves. ofSpecific details, but this trademark transfer only transfers the right to use, not transfers ownership, and the transferee must pay attention to the quality of the goods when using the trademark. I hope the above content will be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.