1. What are the ways to transfer trademark rights?
1. Transfer of trademark rights Methods include: contract transfer, which generally requires the parties to reach consensus and file jointly with the Trademark Office; inheritance transfer, including statutory inheritance transfer, testamentary inheritance transfer, etc.; compulsory transfer, that is, transfer by state administrative agencies in accordance with administrative orders.
2. Legal basis: Article 42 of the Trademark Law of the People's Republic of China, when a registered trademark is transferred, the transferor and the transferee shall sign a transfer agreement , and jointly file an application with the Trademark Office. The transferee shall ensure the quality of the goods using the registered trademark. When transferring a registered trademark, the trademark registrant shall transfer all similar trademarks registered on the same goods, or identical or similar trademarks registered on similar goods. For transfers that are likely to cause confusion or have other adverse effects, the Trademark Office will not approve the transfer and will notify the applicant in writing and explain the reasons. After the transfer of a registered trademark is approved, it will be announced. The assignee shall enjoy the exclusive right to use the trademark from the date of announcement.
2. Notes on the transfer of trademark rights
1. The transferor guarantees that he is the owner of the trademark and states that when signing the contract To whom and what type of trademark license have been issued before, as well as the obligations of the trademark owner in the original license contract. If the original license contract stipulates that the trademark owner shall not transfer its trademark rights to others, the trademark owner will not be eligible to enter into a transfer contract. If the assignor transfers all of its trademark rights in all countries where it has obtained registration or applied for registration, the assignor should also ensure that by the time of signing the contract, it has completed all registration application procedures in countries that have not approved its registration, and the relevant The application has not yet been rejected. transfer price. The scope of rights of the transferee after transfer.
2. IfIf the transferor transfers all of its trademark rights registered or applied for registration in all countries, the parties should also agree that after the transferred application is approved, the transferee will enjoy all exclusive rights. If the transferor will take back the trademark rights on time, the transfer period should be agreed upon. If the transferee is required to guarantee the quality of the goods marked by the trademark, the transferor shall provide the technical know-how for producing the relevant goods, product instructions, product packaging laws, product maintenance laws and related technical services as agreed. The transferor guarantees not to use the transferred trademark on goods that are similar or identical to the transferee's goods within the validity period of the contract and within the territory where the trademark registration is valid.
3. The transferee shall not disclose the business secrets or technical secrets provided by the transferor to the transferee for the transfer of trademark rights. The transferred trademark name, style, registration country, registration number, the date of next renewal, the categories of goods or services covered by the trademark registration and their specific names.
If the transferor transfers all of its trademark rights registered or applied for registration in all countries, the contract should also list the names of the countries that have approved the registration and have The name of the country that accepts registration applications, as well as the categories and specific names of the goods or services covered by the registered trademark and the trademark to be applied for registration. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.