Is the trademark transfer notice legally binding
The trademark transfer notice has legal effect.
Trademark transfer refers to The trademark owner transfers the ownership of the trademark to another person, which can be through sale, investment, or gift. The transferred trademarks include Registered trademarks and trademarks that have been applied for but have not yet been approved for registration. Regarding the procedures for trademark transfer, China’s Trademark Law stipulates that “if a registered trademark is transferred, 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. Transferring a registered trademark After approval, it will be announced. The transferee shall enjoy the exclusive right to use the trademark from the date of announcement." "Regulations on the Implementation of the Trademark Law" stipulates that "when a registered trademark is transferred, the transferor and the transferee shall submit an application for transfer of the registered trademark to the Trademark Office The application procedure for transferring a registered trademark shall be handled by the transferee.
After the Trademark Office approves the application for transfer of a registered trademark, it will issue a corresponding certificate to the transferee and make an announcement. If a registered trademark is transferred, the trademark registrant shall transfer the same or similar goods registered on the same or similar goods. Similar trademarks shall be transferred together; if they are not transferred together, the Trademark Office shall notify the applicant to make corrections within a time limit; if no correction is made within the time limit, the application for transfer of the registered trademark shall be deemed to have been abandoned, and the Trademark Office shall notify the applicant in writing. For possible occurrences If an application for transfer of a registered trademark is caused by misunderstanding, confusion or other adverse effects, the Trademark Office will not approve the application and will notify the applicant in writing and explain the reasons."
Legal validity of trademark transfer agreement
Because the trademark owner registered it Trademarks enjoy exclusive rights, rights of use, rights of disposal and other rights. The transfer of a registered trademark not only results in the transfer of trademark rights between the assignor and the transferee, but also affects the rights and interests of interested parties such as the licensee of the registered trademark. and the interests of consumers at large. In order to ensure the legal transfer of trademarks and protect the interests of stakeholders and consumers, the Trademark Law stipulates that when a registered trademark is transferred, the transferor and the transferee shall sign a transfer agreement.
The Trademark Office received documents related to the application for transfer of registered trademark Afterwards, after review and approval, the transferee will be issued a corresponding certificate and announced. If the trademark registrant transfers the registered trademark on his own, it is an improper use of the registered trademark, and the Trademark Office will order him to make corrections within a time limit or cancel his registered trademark.
Since a trademark is the face of a company, is the top priority, so its transfer is very particular. Also because there are so many types and reasons for trademark transfer, we have to be careful about it. If you still don’t understand or have any questions about this, our Legal Savior Network has online lawyers to answer your questions. Welcome to consult.
