What are the things to note when applying for trademark transfer
Whether the trademark has been approved for registration
If the traded trademark is not registered at all, or the registration is not renewed in time when it expires, or has been revoked or invalid according to law, there is no legal exclusive right to the trademark and everyone has If you have the opportunity to use the trademark, it may even be registered by others, thus hindering your own rights such as ownership or use rights obtained from the trademark transaction.
Is the trademark still under application for registration?
This is a continuation of the previous question. In some cases, although a trademark has not been approved for registration, a formal application for registration may have been filed. However, such a trademark may not be approved for registration due to legal obstacles such as lack of distinctiveness and infringement of prior rights.
Whether the other party has the right to dispose of the trademark rights
After finding out the authenticity of the trademark registration, it is also necessary to Understand whether the person you are dealing with has the right to dispose of the registered trademark, whether he is the right holder (registrant or owner) of the registered trademark, or a specially authorized agent by the right holder, or a licensee who allows sub-licensing. If the trademark is jointly owned, has it obtained the consent of the co-owners? You can find out who the real rights holder of the traded trademark is by checking the trademark registration certificate, trademark transfer contract, transaction authorization letter, or checking the trademark announcement or China Trademark Network , who currently has the right to transfer, license or pledge the trademark, etc.
Where is the trademark registration valid
The validity of trademark rights is regional. If it is registered in China Trademarks are only valid in China, and trademarks registered in France are only valid in France. If you want to obtain the ownership or use rights of a trademark in China, you must confirm that the trademark has been approved and registered in China. If you want to use this trademark to manufacture goods in China and export to Europe at the same time, then in addition to needing to register this trademark in China, you also need to obtain trademark registration in relevant European countries., otherwise you may encounter trademark infringement trouble when exporting.
When does trademark registration expire?
Trademark registration has a time limit, and the validity period is according to my country’s Trademark Law It lasts for 10 years, but the registration can be renewed upon expiration. The key issue is that if the trademark registration is about to expire, the relevant transaction parties must urge the trademark registrant to complete the renewal procedures. Especially before the transfer (the extension after the transfer is the transferee's own business), or during the licensing and pledge period, it is necessary to ensure that the trademark registrant renews the registration to avoid damaging his or her commercial rights and interests.
Whether the traded trademark is consistent with the approved registered trademark
Although the other party's trademark has been approved for registration, Is the trademark used for trading consistent with the approved registered trademark? According to Article 56 of the Trademark Law, "The exclusive right to register a trademark is limited to the approved registered trademark and the goods approved for use." If it is inconsistent with the registered trademark ( Especially if the trademark is quite different, you may not be able to enjoy the exclusive right to use the trademark. If you accidentally use a registered trademark after buying it, it may also constitute an illegal act of changing the registered trademark on your own or passing off a registered trademark.
What are the goods or services designated for use by the trademark?
The exclusive right to register a trademark for approved use limited to goods or services. It is necessary to find out whether the right holder has exceeded the approved scope of use, issued a license or engaged in transfer, because this may cause issues such as trademark infringement, if others have registered the same or similar trademarks on those goods or services that the right holder has exceeded the approved scope of use. . In addition, you should also check whether the products or business scope you need to use are consistent with the goods or services specified in the other party's trademark registration. Checking the compatibility of the other party's trademark registration with your own business is also a very important part of the investigation.
Who owns the copyright of the trademark?
At present, trademarks are composed of rich elements, including words, Graphics, letters, numbers, three-dimensional logos, color combinations and sounds, etc., as well as combinations of the above elements. The graphics, three-dimensional logos, sounds and texts (such as slogans) may meet the originality requirements of the work and enjoy copyright protection. However, the copyrights of these trademarks may not be in the hands of the trademark owners. For example, according to the provisions of the Copyright Law, the copyright of a work entrusted to others to create, in the absence of an agreement, belongs to the creator. Therefore, if the trademark owner’s trademark is created by entrusting others to create it, in the absence of an agreed ownership agreement, even if the trademark enjoysCopyright is also the copyright of "other people". Although the trademark owner can continue to legally use his trademark according to the purpose of commissioned creation, after all, trouble will arise if the rights are not fulfilled.
Whether trademark registration meets authorization conditions
Trademark registration needs to meet distinctiveness, non-functionality, and It does not fall under a series of authorization conditions such as prohibited signs and non-infringement of the rights of others. Therefore, the traded trademark must be evaluated to avoid the trademark being declared invalid in the future because it violates legal regulations or infringes on the rights of others. For example, the weak distinctiveness of a trademark has a huge impact on trademark protection. A trademark with weak distinctiveness is easy to be reasonably used by others (including competitors) and is difficult to prevent. It can be seen that the distinctiveness of a trademark has a great impact on the scope of trademark protection or exclusivity.
If you need help in applying for trademark transfer, you can consult online and entrust a professional lawyer from the Legal Savior Network to help you.
