What are the rights of the transferor of a registered trademark transfer
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.
1. It is clear that the transferee is limited to enterprises and 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.
2. 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.
Transferee should note
1. It should be clearly stipulated in the contract that the transferor shall legally enjoy the transferred trademark The exclusive right to use the trademark is valid. The trademark registration certificate should be included as an attachment to the contract. It should be reminded that the transferee cannot register the trademark solely based on the trademark provided by the transferor.certificate, it must also be investigated 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, trademarks that occur after The transfer shall not affect the validity of the 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, the transferor will not Products bearing the same or similar trademarks shall be sold within the territory where the trademark is validly registered, nor shall any other activities compete with the production or sale of the goods.
Both the transferor and the transferee should pay attention
span>1. According to the provisions of my country’s Trademark Law, “transfer registration After the trademark is approved, it will be announced. The transferee shall enjoy the exclusive right to use the trademark from the date of announcement." Since the transferee has not obtained the exclusive right to use the trademark from the signing of the contract to the date of approval and announcement, the rights and obligations of both parties during this period It should be clearly agreed.
2. When going through the procedures for transferring a registered trademark, it should be clearly stated that the transferor The applicant and the transferee shall jointly submit an application for transfer of registered trademark to the Trademark Office.
I believe that after reading the above introduction, you will know how to solve it. Now that you have a certain legal understanding of the responsibilities you should pay attention to, if you still have legal questions in this regard, please consult the lawyers of the Legal Savior Network and they will provide you with professional answers.
