What does trademark transfer mean?
Transfer of trademark rights refers to the act by which the registered trademark owner transfers the trademark rights arising from the registered trademark to others in accordance with the law. The transferor guarantees that he is the owner of the trademark, explains to whom and what type of trademark licenses were issued before signing the contract, and stipulates the obligations of the trademark owner in the original license contract.
Trademark right is the abbreviation of trademark exclusive right, which refers to the exclusive right granted by the trademark authority to the trademark owner in accordance with the law to protect the registered trademark under national law. The right of a trademark registrant to control its registered trademark in accordance with the law and prohibit infringement by others, including the trademark registrant's exclusive right to use its registered trademark, right to income, right to dispose of, right to renew, and right to prohibit infringement by others. A trademark is a commercial sign used to distinguish goods and services from different sources. It consists of words, graphics, letters, numbers, three-dimensional signs, color combinations, or a combination of the above elements. The acquisition of trademark rights in my country must go through the trademark registration procedures, and the first-to-file principle is implemented. Trademark is an identification mark in industrial activities, so the role of trademark rights is mainly to maintain order in industrial activities, which is different from the role of patent rights, which is mainly to promote the development of industries.
According to the provisions of the "Trademark Law", the trademark right is valid for 10 years, calculated from the date of approval of registration. Apply for renewal within 6 months before expiration. Here If you fail to apply within the period, you will be given a 6-month grace period. Renewal can be repeated indefinitely, with each renewal period lasting 10 years. Trademark right is an intangible asset with economic value and can be used to pay off debts, that is, transferred according to law.
According to the provisions of my country's Trademark Law, trademarks can be transferred. When transferring a registered trademark, the transferor and the transferee should sign a transfer agreement and jointly submit a request to the Trademark Office. Apply. When transferring trademark rights, a trademark evaluation agency should be entrusted to conduct a trademark evaluation in accordance with the requirements of the "Several Provisions on Enterprise Trademark Management", and debt compensation matters should be handled according to the evaluated value, and the trademark transfer procedures must be applied to the Trademark Office in a timely manner.
Inheritance of trademark rights
PersonalThe trademark right applied for registration by a sports, industrial or commercial enterprise is a property right. During the validity period of the trademark, if the trademark registrant dies, his heirs should promptly report to the Trademark Office, change the trademark registration, change the name of the registrant, and become a new registrant, that is, inherit the trademark rights. It also has the right to transfer the exclusive right to use a trademark, and to license others to use it through a trademark licensing contract and collect royalties. When the exclusive right to use a registered trademark is infringed, you can also request the infringer to stop the infringement and compensate for losses. The heirs inherit the exclusive rights to the trademark during the validity period of the trademark. If the registration expires, the heirs can apply for renewal to continue to enjoy the exclusive rights. If the heir fails to apply for renewal, the exclusive right to use the registered trademark will be lost. The exclusive rights to registered trademarks enjoyed by enterprises and institutions cannot be regarded as the personal property of a certain person, so they cannot be inherited as personal inheritance, but can only be transferred.
Notes on transfer
The transferor guarantees that he is the owner of the trademark and states that he has To whom and what type of trademark licenses have been issued, 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. If 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. 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 its trademark rights registered or applied for registration in all countries, the contract should also list the name of the country that has approved the registration, the name of the country that has accepted the registration application, as well as the registered trademark and the trademark to be applied for registration The categories and specific names of the relevant goods or services included.
Many times in the past, we would have encountered the transfer of trademark rights.The transfer of trademark rights is a very complicated process. When doing the transfer, you must understand the relevant knowledge, do not make detours, and do it in one step, otherwise unexpected mistakes may occur. The above is the relevant knowledge that the editor of Legal Savior Network has found for you. I hope you can read it carefully and understand the relevant knowledge clearly! Hope it helps everyone! If you have any questions, please feel free to consult a lawyer on this website.
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