When does the trademark transfer contract take effect
When does the trademark transfer contract take effect? It is calculated based on the agreement signed by the trademark buyer and seller, and regarding the effective date of the trademark transfer contract, both parties can request to add the effective date of the contract to the work transfer contract. The trademark transfer contract signed by the trademark has a specific effective date.
Based on the above regulations, it can be seen that the following issues need to be analyzed:
1. Is the trademark transfer contract a mandatory contract or a non-essential contract
The so-called mandatory contract It refers to a contract that the law stipulates that the contract must have a specific form to be established or effective. Therefore, according to the provisions of Contract Law 39, whether the trademark transfer contract can be deemed to be a formal contract, this is not the case. Article 36 of the "Contract Law" stipulates that if laws, administrative regulations or the parties agree to conclude a contract in written form, and the parties do not use written form but one party has performed its main obligations and the other party has accepted it, the contract shall be established. However, Article 39 of the Trademark Law stipulates that “the transferor and the transferee shall sign a transfer agreement” does not mean that a trademark transfer contract is a formal contract. If the transferor and the transferee verbally agree to transfer a certain trademark, and the transfer is the true expression of intention of both parties, the above-mentioned trademark transfer shall be deemed to be valid.
2. Establishment and effectiveness of the trademark transfer contract
The establishment of a trademark transfer contract is purely a matter of fact. Its significance lies in identifying whether the contract already exists, whether the contract is this contract or not (that is, the typing of the contract), and the relationship between contractual behavior and factual behavior. difference. The Contract Law clearly stipulates that a contract shall be established on the date when the commitment is reached. As far as the trademark transfer contract is concerned, the trademark transfer contract shall naturally also be established on the date when the commitment is reached.Established when reached. The validity of a trademark transfer contract means that the trademark transfer contract meets the statutory validity conditions (the subject is legal, the content is legal, the expression of intention is true and voluntary, and the form is legal) and is legally binding on the parties. Whether a contract is valid or not is a matter of legal value judgment. Its significance is to identify whether a certain contract complies with the spirit and provisions of the law, and thus can obtain the validity recognized by the law. As far as trademark transfer contracts are concerned, under normal circumstances, the trademark transfer contract will take effect immediately upon its establishment, unless the parties to the trademark transfer contract set other conditions or time limits for the contract to take effect.
3. Transfer of exclusive rights to trademarks
As mentioned above, the establishment and effectiveness of a trademark transfer contract only means that the trademark transfer contract is binding on both parties in accordance with the law, but this does not mean that the trademark rights have been transferred. Article 39 of the Trademark Law clearly stipulates that the transfer of a registered trademark shall be announced after approval. The assignee shall enjoy the exclusive right to use the trademark from the date of announcement. It can be seen that the relationship between the transfer of trademark rights and the establishment and effectiveness of the trademark transfer contract should be that the establishment and effectiveness of the trademark transfer contract is the prerequisite for the transfer of the exclusive right to trademark, but conversely, the establishment and effectiveness of the trademark transfer contract does not It will inevitably lead to the transfer of exclusive rights to trademarks. As we all know, changes in property rights are subject to the principles of publicity and public trust. For example, the transfer of property rights in movables generally occurs at the time of delivery, and the transfer of property rights in real estate generally occurs at the time of registration. In accordance with this principle, the transfer of exclusive rights to a trademark is also publicized upon approval and announcement by the trademark authority, and credibility is generated based on the above publicity.
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