1. Is trademark transfer charged according to category?
About trademark transfer application The charging standards are divided according to different categories. The fee for transferring a registered trademark for each category is RMB 1,000.
There are two ways to apply for trademark transfer:
(1) Entrusted A trademark agency registered with the Trademark Office shall handle the application;
(2) The applicant shall go to the trademark registration hall established by the Trademark Office in person to handle relevant procedures (the applicant shall also You can choose to go to the Trademark Office’s National Independent Innovation Demonstration Zone Office in Zhongguancun, which is located in the registration hall on the second floor of the Municipal Administration for Industry and Commerce, No. 36 Suzhou Street, Haidian District, Beijing).
Article 42 of the Trademark Law
Where a registered trademark is transferred, the transferor The transferee and the transferee should sign a transfer agreement and jointly file an application with 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 be responsible for the similar trademarks registered on the same goods, or the same 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.
2. Does trademark right have personal rights?
First of all, it needs to be clearly pointed out that trademark right should undoubtedly be classified as intellectual property Within the scope.
In this type of rights and interests, there are both property rights as the leading part and rights connotations with strong individualism.
The following aspects can serve as the context for our understanding of the form of intellectual property:
1. Copyright: This type of right covers a wide range of content, and derives many benefits from it, such as the right to publish (with a stipulation that its duration is 50 years after death), the right to modify, the right to authorize, and the right to maintain the integrity of the work, etc. , can be regarded as important expressions of personal rights
2. Industrial property rights: This is a type of rights including patent rights, trademark rights and geographical indications. The core value of a comprehensive rights and interests system is that it is dominated by property rights.
In this sequence, geographical indications are particularly worthy of our attention, such as the famous brand "Champagne". This is the case.
No comments yet. Say something...