What are the meanings of ordinary trademarks and well-known trademarks
Trademark is a specialized legal term. After a brand or part of a brand is registered by the relevant government departments in accordance with the law, it is called a "trademark". Trademarks are protected by law, and the registrant has exclusive rights.
Well-known trademarks generally refer to well-known trademarks in China. China's well-known trademarks refer to trademarks that have been recognized as "well-known trademarks" by the competent authorities (Trademark Office of the State Administration for Industry and Commerce, the Trademark Review and Adjudication Board or the People's Court) in accordance with legal procedures.
1. The assignor must be the registered trademark or If the owner of the right to apply for a trademark transfers the trademark by deception or improper means without the consent of the trademark owner, the transfer will be invalid.
2. The owner of the registered trademark or applied for trademark is When two or more trademarks are jointly owned, the transfer must be confirmed and approved by all rights holders, otherwise the transfer will be invalid.
3. The transferee of a trademark must have a trademark The applicant's subject qualifications must be a legal person or other organization established in accordance with the law and with business capabilities; if the transferee is a natural person, it must be an individual industrial and commercial household with a business license, a rural contract operator, or other persons permitted to engage in business activities in accordance with the law. A natural person, and the transferred trademark shall be within the business scope approved by the business license or relevant registration documents or within the scope of self-operated agricultural and sideline products.
4. Any party involved in a trademark transfer must clearly know whether the trademark transferor has similar goods/services in its hands. There are other trademarks that are identical or similar to the transferred trademark. If there are any, they must be transferred together at the same time. Otherwise, the transfer of the registered trademark will most likely be required to be transferred together during the review of the Trademark Office, or the transfer will not be possible. be approved. This may cause significant losses to one of the parties involved in the transfer.
5. When registering a trademark or applying for trademark transfer, both parties to the transfer must sign a transfer agreement for the trademark and jointly submit a transfer application to the Trademark Office. "Trademark Law Implementation Regulations" stipulates that "Transfer The transfer application shall be handled by the transferee. Therefore, if the transfer application is handled by the Trademark Office through a trademark agency organization, the transfer application can only be based on the wishes of the trademark transferee. Any transfer application that has not been signed and stamped by the trademark owner Trademark transfers are all invalid transfers.
6 . All trademark transfer documents submitted to the Trademark Office for review must clearly state that the trademark transfer is the true transfer intention of the right holder. If the explanation is not strong enough, both parties to the transfer will try their best to notarize the transfer of the trademark, or the transferor will take the initiative to notarize the transfer intention. This ensures a smooth and successful transfer. Otherwise, the Trademark Office may require corrections.
7. If the registered trademark has been licensed to others before transfer, the consent of the licensee must be obtained before the transfer, otherwise the Trademark Office will reject the transfer application. The registered trademark will not be transferred after the transfer. Affects the validity of the trademark license contract that was in effect before the transfer, unless otherwise agreed in the trademark license contract.
8. If both parties to the transfer only sign a registration/application trademark transfer contract without the legal procedures for approval of the transfer by the Trademark Office, the transfer will be invalid.
Trademark transfer parties sign an agreement to transfer the trademark, pay off the transfer payment and obtain trademark registration After receiving the notice of acceptance of the trademark registration application, although the transferee can use the registered trademark normally or enjoy the right to apply for the trademark, the ownership of the registered trademark is still transferred until the transfer application of the registered trademark is not approved by the Trademark Office. Party. Only after the State Trademark Office approves the transfer and publishes a transfer announcement, the transferee can truly enjoy the ownership of the trademark.
If the registered/applied trademark is not approved for transfer due to various factors during the process of reviewing the transfer application by the Trademark Office, the trademark is still a trademark transfer People.
General trademarks include a lot of content, including It is best to hire a professional lawyer to handle the conditions. There are many lawyers on the Legal Savior website who can help you.
