What are the things to note when signing a trademark transfer agreement
The following points should be noted when signing a trademark transfer agreement:
1. Understand the attributes of the transferred trademark
It is necessary to clearly know that the transferred trademark is a "registered trademark" ” Or “apply for a trademark”. Because only a "registered trademark" has the exclusive right to use a trademark, while an "application trademark" only has the right to apply first.
2. Issues that should be paid attention to when transferring registered trademarks
(1) Illegal transfer issue
So-called illegal transfer of registrationA trademark means that the transferor of a registered trademark is not the owner of the registered trademark, or cannot represent all trademark owners, or has transferred it by concealment, fraud, forgery and other improper means without the consent of the registered trademark owner. The registered trademark was secretly transferred. Due to the objective loopholes in the existing trademark transfer procedures, it is not difficult to do such a thing. Although it is entirely possible to solve and protect the interests of the trademark rights holders through legal channels afterwards, the heavy losses suffered by the parties will be irreparable. of.
(2) Invalid transfer issue
The so-called invalid transfer means that the transfer of a registered trademark does not comply with the restrictions stipulated in the trademark law. Although both parties to the trademark transfer have signed a trademark transfer agreement and Party B has paid the trademark transfer fee, the registered trademark transfer application is not valid at all. may be approved by the National Trademark Office, therefore, the transfer of the trademark is invalid because the trademark cannot be approved for transfer, so the owner of the trademark remains unchanged.
Because the National Trademark Office handles the review of registered trademark transfer The cycle can range from half a year to more than a year. In addition, after the transferor and the transferor sign a trademark transfer agreement, they need to pay the transfer fee, prepare relevant trademark transfer application documents, mail and print them, etc. Therefore, after the trademark transfer agreement is signed, the transferee cannot immediately determine whether the transferred trademark can be approved for transfer and registration by the State Trademark Office, and it will take at least six months to do so
(3) Partial transfer issues
The so-called partial transfer means that the transferor of the registered trademark has not transferred other rights related to the transferred trademark.Other similar trademarks of the same kind are transferred to the trademark transferee, but intentionally or unintentionally retain or conceal part of the same kind of trademarks that are similar to the transferred trademark. After the trademark is transferred, the transferor can still use other similar trademarks that are similar to the transferred trademark. trademark, causing substantial harm to the trademark assignee.
(4) Concealing the rights and interests of the transferred trademark Question
When the trademark assignor transfers the trademark, Concealing issues such as that the trademark has been licensed to others, pledged for debt, transferred, etc. before the transfer, causing the trademark transferee to be in trouble after the transfer of the trademark.
The main contents of the trademark transfer agreement are as follows:
(1) Names, subject qualification certificates, addresses, contact information, etc. of both parties to the transfer;
(2) Details of the transferred trademark;(3) Trademark transfer price and payment method;(4) Rights and obligations of the trademark assignor;
(5) Rights and obligations of trademark assignee;
(6) Termination of contract;
The above is the relevant knowledge compiled by the editor of Hualu. If you have more questions, you can consult a professional lawyer on the Legal Savior Network, or directly entrust a Legal Savior Network lawyer to help you get rid of the legal dilemma.
