How to transfer a registered trademark?
(1) According to the provisions of Article 25 of the Trademark Law, the transferor and transferee who transfer a registered trademark shall * * * apply to the Trademark Office at the same time.
(2) The assignor and the assignee shall submit an application for assignment of a registered trademark to the Trademark Office, and the application procedures for assignment of a registered trademark shall be handled by the assignee with the assistance of the assignor.
(3) The Trademark Office shall examine the application for assignment of a registered trademark, and if it meets the requirements, it shall approve it, issue corresponding certificates to the transferee and make an announcement. The transfer of a registered trademark shall take effect as of the date when the Trademark Office approves the transfer.
Matters needing attention in transferring registered trademarks
The transfer of a registered trademark refers to the legal act that the trademark owner transfers all his trademark exclusive rights to others in accordance with the procedures prescribed by law. Article 39 of the Trademark Law: Where a registered trademark is assigned, the assignor and the assignee shall sign an assignment agreement and file an application with the Trademark Office. The transferee shall guarantee the quality of the goods using the registered trademark. After the transfer of a registered trademark is approved, it shall be announced. The transferee shall enjoy the exclusive right to use the trademark from the date of announcement. ?
When transferring a trademark, the transferee shall pay attention to the following matters so as not to damage his own interests:
1. Is the trademark assignor the owner of a registered trademark?
If the assignor is not the owner of the trademark and does not enjoy the exclusive right to use the registered trademark, it has no right to assign, which may lead to the invalidation of the assignment. Therefore, before signing the contract, the assignee should carefully confirm whether the owner and assignor of the registered trademark are consistent. It is not enough to check only the trademark registration certificate provided by the transferor. Because the registered trademark may have been transferred, the transferee of the transferred trademark may not necessarily be shown on the trademark registration certificate; For trademark transfer, the trademark office generally does not directly change the registrant on the trademark registration certificate, but issues a trademark transfer approval certificate, which directly shows the name of the trademark assignee. So ask the transferor whether the trademark has been transferred and whether there is a certificate of transfer. To be on the safe side, the transferee had better go to the Trademark Office to check the trademark registration book for further confirmation.
Second, whether the registered trademark is within the validity period.
The period of validity of a registered trademark is ten years, counting from the date of approval of registration. If it is necessary to continue to use it after the expiration of the validity period, an application for renewal of registration shall be filed. If the transferred registered trademark has expired and has not been renewed, and the transferor no longer enjoys the exclusive right to use the registered trademark, then the transferee naturally does not enjoy the exclusive right to use the registered trademark after the transfer.
3. Whether the two parties have signed a written transfer agreement.
Although the contract can be oral, written or other forms, according to the provisions of the Trademark Law, if a registered trademark is transferred, the transferor and the transferee shall sign a written transfer agreement. Otherwise, once a dispute occurs, the validity of the oral transfer contract can easily be denied. In the absence of a written transfer agreement, if the transferor transfers others separately and is recognized by the Trademark Office, the rights of the transferee will not be guaranteed.
Is it necessary to apply to the Trademark Office for trademark transfer?
The assignor and the assignee shall simultaneously apply to the Trademark Office for assignment of a registered trademark. The assignment of a registered trademark shall be approved by the Trademark Office and announced, and the assignee shall enjoy the exclusive right to use the trademark from the date of announcement. The application for assignment of a registered trademark shall be handled by the assignee, and the assignor shall be obliged to provide all necessary assistance. If no application for transfer is filed with the Trademark Office, the transfer shall not take effect.
5. Are the identical or similar trademarks of the transferor transferred together?
Paragraph 2 of Article 25 of the Regulations for the Implementation of the Trademark Law stipulates: When transferring a registered trademark, the trademark registrant shall transfer the same or similar trademarks registered on the same or similar goods together; If they are not transferred together, the Trademark Office shall notify them to make corrections within a time limit; If it fails to make corrections within the time limit, it shall be deemed as giving up the application for transferring the registered trademark, and the Trademark Office shall notify the applicant in writing. ? Therefore, the transferor must transfer the same or similar trademarks registered on the same or similar goods together, and cannot transfer only part of them, keep part of them, or transfer the other part to a third party.
What is illegal transfer of trademark rights?
Since the trademark law was revised for the second time in 200 1, for various reasons, the phenomenon of stealing, selling and illegally transferring other people's trademarks has become more and more serious and remarkable, especially in the following forms:
1. The trademark is licensed privately when the court has sealed it up and frozen it. Like what? Edo? 、? IDALL？ And other trademarks;
2. Before the bankruptcy liquidation of the enterprise, the employees of the original enterprise illegally transferred it to a third party in violation of the bankruptcy law;
3. Transferring the trademark to a third party without permission in violation of the agreement of both parties. Some companies are? A mole? For the sake of mischief, shareholders privately transfer trademarks to their own separate companies;
4. After the bankruptcy and cancellation of registration of a state-owned or collective enterprise, the person in charge of the original enterprise set up an enterprise with the same name as an impostor and transferred the trademark to himself or a third person;
5. Transferring a famous trademark to a third party at a low price without the consent of the State-owned Assets Management Committee; 6. A joint venture privately transfers the trademark of another joint venture to the name of the enterprise or affiliated enterprise;
7. After both parties sign a trademark license contract and file it with the Trademark Office, the licensee transfers the trademark to his own name privately;
8. The distribution agent transfers the client's trademark to his own company name without permission;
9. The export agent privately registers the client's trademark abroad and transfers it to a foreign company, which prohibits the domestic products of the client from being resold abroad, causing foreign-related litigation;
10. Transfer the trademark registered by others abroad to the name of their own domestic company without permission, and prohibit the products of the original domestic trademark owner from being resold to that country.
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