1. Can the trademark registration certificate be transferred without obtaining it?
1. It cannot be transferred without obtaining the trademark registration certificate. Because the exclusive right to use a trademark arises from the date of registration, a trademark that has been accepted but not approved for registration can apply for transfer. According to relevant legal provisions, registered trademarks can be transferred, and the parties must enter into a written agreement and jointly file an application with the Trademark Office. 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.
2. Legal basis:
"Trademark Law of the People's Republic of China" Article 22 According to Article 1, the applicant for trademark registration shall fill in the product category and product name of the trademark in accordance with the prescribed product classification table, and submit an application for registration.
"Trademark Law of the People's Republic of China"Article 42, transfer of registered trademarks , the transferor and the transferee shall sign a transfer agreement and jointly submit an application to the Trademark Office. The transferee shall ensure the quality of the goods using the registered trademark. When transferring a registered trademark, the trademark registrant shall transfer all similar trademarks registered on the same goods, or the same or similar trademarks registered on similar goods. transfer. For transfers that are likely to cause confusion or have other adverse effects, the Trademark Office will not approve the transfer and will notify the applicant in writing and explain the reasons. 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.
2. What conditions must trademark applicants meet
Natural persons, legal persons or other organizations need to To obtain the exclusive right to use a trademark, you must apply for trademark registration with the Trademark Office.
Two or more natural persons, legal persons or other organizations may jointly apply to the Trademark Office for registration of the same trademark. , jointly enjoy and exercise the exclusive rights of the trademark.
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