Legal transfer of registered trademarks

The transfer of trademark rights requires special legal procedures to be effective. So what are the legal transfers of registered trademarks? Next, the editor of the Legal Savior Network has compiled some knowledge about the legal transfer of registered trademarks for everyone. You are welcome to read!

Legal Transfer of Registered Trademarks

1. The transferor of the trademark is the owner of the registered trademark

The transferee should state in the contract Before signing, carefully confirm whether the owner of the registered trademark and the transferor are consistent, because if the transferor is not the owner of the trademark and does not enjoy the exclusive rights to the registered trademark, he will not have the right to transfer, which may result in the transfer being invalid. The transferee also needs to ask the transferor whether the trademark has been transferred before and whether there is a transfer certificate. To be on the safe side, it is best for the transferee to go to the Trademark Office to check the Trademark Registration Book to further confirm that it is correct.

2. The registered trademark is within the validity period

The validity period of the registered trademark The period is ten years, calculated from the date of approval of registration. If you need to continue to use it after the expiration of the validity period, you should apply for renewal of registration.

3. Both parties sign a written transfer agreement

According to the Trademark Law 》stipulates that when transferring a registered trademark, the transferor and the transferee shall sign a written transfer agreement. Otherwise, in the event of a dispute, the validity of the oral transfer contract will easily be negated. Without a written transfer agreement, if the transferor transfers it to another person and it is approved by the Trademark Office, the rights of the transferee will not be protected.

4. A trademark transfer application must be submitted to the Trademark Office

Transfer The transferee and the transferee shall jointly submit an application to the Trademark Office for transfer of the registered trademark. The transfer of the registered trademark shall be approved by the Trademark Office and announced. The transferee shall enjoy the exclusive right to use the trademark from the date of announcement. If a transfer application is not submitted to the Trademark Office, the transfer will not be effective.

5. The same or similar trademarks of the transferor shall be transferred together

When a registered trademark is transferred, the trademark registrant shall register all identical or similar trademarks on the same or similar goods.and transfer; if 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.

6. The registered trademark is licensed for use

If the trademark is licensed Use will inevitably affect the interests of the transferee. If it is an exclusive license, the transferee's use of the transferred trademark will be severely restricted. Therefore, before handling the trademark transfer procedure, the trademark owner must obtain the licensee's consent, handle the aftermath in accordance with the trademark licensing contract, and must not harm the legitimate interests of the licensee.

7. There are no other rights restrictions on registered trademarks

If Applying for a registered trademark on someone else's photos, designs, etc. without their permission will undoubtedly infringe on the prior rights of others. The prior rights holder may apply to the Trademark Office or the Trademark Review and Adjudication Board to revoke the registered trademark. If this situation exists and the transferred registered trademark is revoked, the transferee will suffer huge losses. In this regard, the transferee may require the transferor to promise in writing that the registered trademark will not infringe the prior rights of others. Otherwise, the transferee may terminate the contract and require the transferor to compensate for all economic losses. The above is the relevant knowledge about the above issues compiled by Hualu editor for you. This website provides you with professional lawyer consultation. If you have any questions, you are welcome to enter the Legal Savior Network for consultation.