What are the transfer forms of trademark rights
The forms of trademark right transfer include contract transfer, inheritance transfer, and transfer due to administrative orders. When transferring trademark rights, attention should be paid to the term of the trademark rights; trademark transfers must be carried out in accordance with the methods and procedures prescribed by law; to allow others to use the trademark, a trademark license contract must be signed and other issues.
(1) Contract transfer
The transferor stipulates the content and mutuality of the transferred registered trademark through a contract. rights, obligations and liability for breach of contract, etc. This form of transfer is generally paid, that is, the transferor charges a certain transfer fee by transferring the exclusive right to a registered trademark.
(2) Succession and transfer
There are two situations for the inheritance and transfer of a registered trademark:
1. After the registered owner (natural person) dies, that is, after 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) Transfers due to administrative orders
This form of transfer generally occurs in public ownership nation. 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.
Issues to note when transferring trademark rights
1. Trademark rights have a time limit. Before entering into a trademark rights transfer contract and a trademark rights license contract, you should first examine whether the trademark exclusive rights that are the subject of the contract are still within its validity period, how long the validity period is, and whether the registration renewal procedures have been completed. This is to prevent certain units, individual industrial and commercial households, individual partnerships, etc. from converting existingA trademark that is not protected by law, that is, a trademark that does not have the exclusive right to use the trademark, is transferred to others or allowed to be used by others, thereby deceiving the other party.
2. The transfer of trademark rights must be carried out in accordance with the methods and procedures prescribed by law, and no transfer is allowed.
3. If a trademark registrant allows others to use its registered trademark, it must sign a trademark license contract. The licensor and the licensee shall, within three months from the date of signing the license contract, submit a copy of the license contract to the county-level industrial and commercial administration authority where they are located for review. The licensor shall submit it to the Trademark Office for filing, and the Trademark Office shall make an announcement. .
4. When transferring registered trademarks for human medicines, tobacco products and other goods for which countries require the use of registered trademarks, the transferee shall provide certification documents from relevant departments:
(1) If the transferee uses a registered drug trademark, the certification document issued by the health administrative department shall be attached;
(2) For transfers of registered trademarks for cigarettes, cigars and packaged cut tobacco, documents proving production approval by the national tobacco authority should be attached;
(3) For transfers of registered trademarks for other goods that require the use of registered trademarks in other countries, approval documents from the relevant competent authorities should be attached.
5. If you license others to use registered trademarks of human medicines, tobacco products, and other goods that require the use of registered trademarks in other countries, you must submit a copy of the license contract to them. When checking with the local county-level industrial and commercial administration authorities, the licensee shall attach the certification documents issued by the health administrative department or the production approval documents of the national tobacco authority, or the approval documents of other relevant competent authorities.
Failure to provide the above-mentioned approval documents, and still refuses to provide the above-mentioned approval documents when ordered by the industrial and commercial administration or the Trademark Office, shall be regarded as a licensee If the subject is unqualified, the trademark license contract will be invalid.
6. When signing a trademark transfer and license contract, you should check whether the other party has the corresponding qualifications, that is, whether it is an enterprise, institution, or social group established in accordance with the law. , individual industrial and commercial households, individual partnerships and in accordance with the agreement signed between their country of origin and the People's Republic of China or the international treaty they both participate in or based on the principle of reciprocity, they can become the subject of the trademark right transfer and licensing contract.
ForThe counterparty shall not sign a trademark transfer and license contract with a person who does not have the corresponding qualifications; if the signing procedures have been completed, the contract shall be invalid or deemed to have not been established at all. 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.
