Legal provisions on the transfer of trademark rights
Article 42: When a registered trademark is transferred, the transferor and the transferee A transfer agreement should be signed and an application jointly filed 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 transfer the similar trademark registered on the same kind of goods, or the same or similar trademark 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.
Transfer of trademark rights
Transfer of trademark rights means that the owner of a registered trademark transfers it due to registration according to law. The act of transferring the trademark rights generated by a trademark to others. The transferor guarantees that he is the owner of the trademark, explains to whom and what type of trademark licenses were issued before signing the contract, and stipulates the obligations of the trademark owner in the original license contract.
Trademark right is an intangible asset with economic value and can be used to pay off debts, that is, transferred according to law. According to the provisions of my country's Trademark Law, trademarks can be transferred. When transferring a registered trademark, the transferor and the transferee should sign a transfer agreement and jointly file an application with the Trademark Office.
When transferring trademark rights, a trademark evaluation agency should be entrusted to conduct trademark evaluation in accordance with the requirements of the "Several Provisions on Enterprise Trademark Management", and debt compensation matters should be handled according to the evaluated value. Moreover, you must apply to the Trademark Office for trademark transfer procedures in a timely manner.
Trademark right protection period
The trademark right protection period refers to the period when the exclusive right to use a trademark is protected by law Validity period. Registered in my countryThe validity period of a trademark is ten years, calculated from the date of approval of registration. A registered trademark can be renewed upon expiration; the renewal of trademark rights refers to extending the validity period of the original registered trademark through certain procedures so that the trademark registrant can continue to maintain the exclusive right to the registered trademark.
my country's "Trademark Law" stipulates that if a registered trademark has expired and needs to be continued to be used, it should apply for renewal of registration within six months before expiration. Each renewal of registration is valid for ten years. After the registration renewal is approved, it will be announced.
How is the effective time of trademark right transfer calculated
1. The Trademark Office receives the transfer A "Certificate of Approval of Transfer of Registered Trademark" will be issued within fifteen days after application.
2. You can receive the transfer "Certificate of Approval of Transfer of Registered Trademark" three to four months from the date of establishment of application. This certificate must be used together with the original Trademark Registration Certificate.
3. The date marked on the "Certificate of Approval of Transfer of Registered Trademark" is the effective date of transfer registration.
What documents must be submitted when applying for trademark transfer
1. A copy of "Application for Trademark Transfer" , the application should be stamped with the seals of the applicant and the transferee;
2. "Trademark Transfer Power of Attorney" stamped with the official seal of the transferee;
3. A copy of the transferee's "Business License";
4. Deliver the trademark as required Transfer application fees;
5. If you entrust a professional agency to apply, you will also need to pay some fees (the fees are determined by the entrusting agency).
If a friend or relative encounters a trademark transfer dispute and wants to know specific ways to help them, it is best to find a lawyer to help. Legal Savior is available online There are many attorneys who can help.
