Does transferring a trademark transfer its ownership and use rights?

After the Trademark registrant obtains the trademark rights, he has the right to possess the trademark, earn profits, etc., and the registrant can authorize other people to use the trademark or transfer it to other people. If the trademark is transferred, then the transfer of the trademark is the transfer of its ownership and ownership. Right to use? Below, the editor of Legal Savior Network will provide readers with relevant answers.

Is transferring a trademark a transfer of ownership and use rights?

Is a trademark transfer a transfer of ownership and use rights? Instead of transferring ownership and use rights, which are subject to negotiation between the parties, the transferor can transfer only the use rights without transferring ownership.

"Trademark Law of the People's Republic of China"

Article 42 If a registered trademark is transferred, 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 a registered trademark is transferred, the trademark registrant shall transfer similar trademarks registered on the same goods, or identical or similar trademarks registered on similar goods. , should be transferred together.

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.

What is the essence of trademark transfer

Same as any civil rights Similarly, trademark rights include three parts: the subject of the right, the object of the right and the content of the right. The subject of trademark rights is the trademark owner, the object of rights is the registered trademark, and the content of the rights is the property right enjoyed by the trademark owner to exclusively use the registered trademark for specific goods or services.

The essence of trademark transfer lies only in the change of the subject of the trademark right, that is, the replacement of the trademark owner without changing the object and content of the trademark right. The original trademark owner gives up its rights to the registered trademark through trademark transfer.The new trademark owner obtains the exclusive right to the registered trademark through the transfer.

Therefore, trademark transfer should generally follow the expression of intention of the trademark owner and the transferee. my country's Trademark Law also stipulates that the transfer of a registered trademark shall require the transferor and transferee to sign a transfer agreement. Therefore, any act of transferring a registered trademark without the permission of the trademark owner severs the relationship between the trademark owner and the registered trademark, and is essentially an infringement of trademark rights. The original trademark owner has the right to apply to the People's Court for confirmation of the trademark. Civil litigation for invalid transfer

The above knowledge is the editor's answer to the question "Does the transfer of a trademark transfer its ownership and use rights?" The transfer of ownership and use rights is subject to negotiation between the parties. The transferor may only transfer the use rights but not ownership. If you need legal help, you are welcome to go to the Legal Savior Network for legal consultation.