What are the forms of transfer of registered trademarks?

A trademark is an identification mark in industrial activities, used to distinguish goods and services from different sources. Trademark rights are an intangible asset with economic value and can be used to pay off debts, that is, transferred according to law. So what are the forms of transfer of registered trademarks? Do you know? The editor of Legal Savior Network will answer this question for everyone. Welcome to read.

1. What are the forms of transfer of registered trademarks?

1. Contract transfer

The transferor stipulates the content of the transferred registered trademark, mutual rights, obligations and liability for breach of contract through a contract. This form of transfer is generally paid, that is, The transferor charges a certain transfer fee by transferring the exclusive right to register a trademark.

2. Succession and transfer

There are two situations for the inheritance and transfer of a registered trademark:

(1) After the death of the registered owner (natural person), that is, the end of his life, an heir will inherit all the registered trademarks owned by the deceased according to inheritance procedures.

(2) Succession and transfer when the enterprise as the owner of the registered trademark is merged or merged.

3. Transfer due to administrative order

This form of transfer generally occurs in public ownership countries . The administrative orders mentioned here are mainly those plans and administrations that cause the transfer of property. For example, if my country's state-owned enterprises are divided, merged, disbanded or transferred according to administrative orders, the subject of registered trademarks will inevitably change.

2. Methods of infringement

1. Unregistered trademarks Using a trademark that is close or similar to its registered trademark on the same or similar goods without the permission of the person;

2. Selling goods that are knowingly counterfeit registered trademarks ;

3. Forging or manufacturing registered trademarks of others without authorization or selling counterfeit or unauthorized registered trademarks;

4. Deliberately providing facilities for infringement of the exclusive rights to registered trademarks;

5. Causing other damage to others' exclusive rights to registered trademarks.

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3. Inheritance Provisions

The trademark rights applied for registration by individual industrial and commercial persons, It is a property right.

If the trademark registrant dies during the validity period of the trademark, his heirs should promptly report to the Trademark Office to change the trademark registration and the name of the registrant. , becoming a new registrant means inheriting the trademark rights. You also have the right to transfer the exclusive rights of the trademark, license others to use it through a trademark licensing contract and collect royalties. When the exclusive rights of a registered trademark are infringed, you can also request the infringer to stop the infringement. , compensate for losses. The heir inherits the exclusive right to use the trademark within the validity period of the trademark. If the registration expires, the heir can apply for renewal and continue to enjoy the exclusive right. If the heir fails to apply for renewal, the exclusive right to register the trademark will be lost.

The exclusive rights to registered trademarks enjoyed by enterprises and institutions cannot be regarded as the personal property of a certain person, so they cannot be inherited as personal inheritance, but can only be transferred.

The above are the transfer forms, infringement methods and inheritance regulations of registered trademarks compiled by the editor of Legal Savior Network. The role of trademark rights is mainly to maintain order in industrial activities and is governed by the law. Protected, so the transfer of registered trademarks must also abide by certain legal orders. Our website also provides professional lawyer services. If you need it, you are welcome to consult online.