Under what circumstances does the trademark transfer not take effect
1. Trademarks that have not been registered in the preliminary review stage.
2. The registered trademark has expired and no renewal application has been submitted within the six-month extension period, or the trademark has been canceled by the Trademark Office.
3. Others have submitted a request to the Trademark Office to stop using the registered trademark for three consecutive years.
4. Changing the text, graphics and combination of the registered trademark without authorization.
5. Changing the name and address of the registrant without the approval of the relevant departments, or failing to complete the change procedures for other matters.
Trademark transfer is to transfer the trademark rights of the trademark registrant to other legal transferees. The period of trademark transfer is also much shorter than that of registered trademarks, and it is successful. The highest rate. Trademark transfer is recognized by most companies because of its convenience, speed, and safety. However, there are also some factors that will affect the success of trademark transfer:
1. The rights to the trademark are unreal . If the transfer of a trademark is illegal, for example, without the consent of the registrant, the trademark is illegally transferred, and the illegally transferred trademark is transferred to another person, then the trademark rights do not belong to the transferee, and the transfer is certainly not protected by law. of. Once the Trademark Office discovers illegal transfer, it will immediately terminate the transfer of the trademark.
2. When transferring a trademark, check whether there are similar trademarks. If there are similar trademarks, they should be transferred together. If similar trademarks in the name of the registrant are not transferred together, the transfer will also be unsuccessful. Just like a similar trademark under the same registrant's name may have become well-known to the relevant public after long-term use. If only a part of it is transferred, consumers will associate the goods with similar trademarks, and the trademark will not be able to play the role of distinguishing the source of the goods. Therefore, in order to protect the interests of consumers and avoid confusion and misunderstanding, similar trademarks should be transferred together with trademark transfer.
3. For a registered trademark in the name of a natural person, if the signature at the time of application is inconsistent with the signature on the transfer application, the Trademark Office will issue a notice of correction, and both parties need to apply for a notarial certificate agreeing to the transfer, which will delay the transfer time. Failure of the registrant's qualifications to undergo annual inspections will also affect the normal progress of the transfer. Similarly, inconsistent seals will also affect the success of the transfer.
4. Filling in the transfer information incorrectly or Clerical errors can also cause the transfer to be unsuccessful. The filling out of the transfer document needs to be carefully checked and filled in as required.
5. Legal provisions: Misunderstanding, confusion or misunderstanding may occur. Applications for transfer of registered trademarks with other adverse effects will not be approved.
Finally, successful trademark transfer requires the help of a qualified agency, a professional agency It can ensure the successful transfer of trademarks. 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.
