1. What are the rights enjoyed by the transferee of trademark transfer
Clear the transferee The parties are limited to enterprises, institutions, social groups, individual industrial and commercial households, individual partnerships, and foreigners or foreign enterprises. Natural persons who are not legally permitted to engage in business activities are restricted as transferees of trademark rights. The trademark transfer fee should be paid in installments as much as possible. If part of the fee is paid when the contract is signed, the remaining part will be paid after the trademark transfer is approved and announced. Avoid agreeing to make a one-time payment after the trademark transfer approval is announced.
2. Issues that the transferee should pay attention to
1. It should be clearly stipulated in the contract that the transferor has legal exclusive rights to the transferred trademark, and that the exclusive rights to the trademark are valid. The trademark registration certificate should be included as an attachment to the contract. It should be reminded that the transferee cannot rely solely on the trademark registration certificate provided by the transferor, but must also investigate whether the transferor is the trademark registrant. In addition, you should know whether the nominal address of the trademark registrant is consistent with the name and address on the business license of the transferor. If the name and address on the business license of the transferor do not match the name and address on the registration certificate of the transferred trademark, the Trademark Office will The transfer application will be rejected.
2. In order to prevent confusion and consumer misunderstanding when different producers or service providers use the same trademark on the same type of goods or services. It should be clearly agreed that when a trademark owner transfers its registered trademark, it should be transferred to the same transferee together with its other identical or similar trademarks registered for the same or similar goods or services.
3. According to current regulations, a later trademark transfer cannot affect the validity of an earlier license. The licensee can continue to use the trademark during the validity period of the license, thereby adversely affecting the transferee of the transferred trademark. Therefore, the licensing status of trademark rights should be clearly agreed upon.
4. The transferor shall ensure that during the transfer period, it will not operate goods with the same or similar trademark within the effective registration area of the trademark, nor shall it engage in other activities related to the trademark. Activities in which the production and sale of goods compete.
3. What are the methods of trademark transferTrademark transfer means that the owner of the registered trademark During the validity period of a registered trademark, the act of transferring the exclusive right to use the trademark to another person in accordance with legal procedures. After transfer, the transferor loses the ownership of the trademark, and the transferee obtains the exclusive right to use the trademark and becomes the owner of the trademark.
According to the relevant provisions of my country’s Trademark Law, the transfer of registered trademarks generally takes the following forms:
1. Contract transfer
The transferor stipulates the content of the registered trademark to be transferred, mutual rights, obligations and liability for breach of contract through a contract. This form of transfer generally It is 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, dissolved or transferred according to administrative orders, the subject of registered trademarks will inevitably change.
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, Welcome to the Legal Savior Network for consultation.
