What are the principles that should be followed when transferring trademark rights?

A trademark refers to a sign in which the registrant has exclusive rights after a brand or part of a brand is registered by relevant government departments in accordance with the law. During the validity period of a trademark, the exclusive right to use the trademark can be transferred to another party in accordance with legal procedures. How to correctly transfer your exclusive rights to a trademark is an important issue, which is related to the interests of the trademark holder. So, what are the principles for the effective transfer of trademark rights? The editor of Legal Savior Network has compiled relevant content, hoping to be helpful to you.

What is the right of trademark transfer

The right of trademark transfer refers to the trademark owner The right to transfer its registered trademark to others in accordance with legal procedures and conditions. When transferring a registered trademark, the transferor and the transferee shall sign a transfer agreement and jointly submit an application to the Trademark Office. 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 the trademark registrant to make corrections within a time limit; if the trademark registrant fails to make corrections within the time limit, it shall be deemed to have given up the transfer of the trademark. When applying for a registered trademark, the Trademark Office shall notify the applicant in writing. After the transfer of a registered trademark is approved, it will be announced, and the transferee will enjoy the exclusive right to use the trademark from the date of announcement. The transferee shall ensure the quality of the goods using the registered trademark. The transfer of a registered trademark will not affect the validity of the trademark license contract that was in effect before the transfer, unless otherwise agreed in the trademark license contract.

Principles that should be followed for the right to transfer trademarks What is

1. A trademark rights transfer contract and a trademark rights use license contract concluded on the basis of equality, voluntariness, and consensus through consultation are beneficial to both parties. Legally binding; any party to the contract shall perform its obligations stipulated in the contract seriously and comprehensively, and shall not refuse to perform or incompletely perform for other reasons. Except as otherwise provided by law.

2. The transferee of a registered trademark transfer contract shall ensure the quality of the goods using the registered trademark, and shall not use the registered trademark as a cover for manufacturing and selling counterfeit goods. .

3. If you use someone else's registered trademark with permission, you must indicate the name of the licensee and the place of origin of the goods on the goods using the registered trademark.

4. Trademark rightsThe licensor in a licensing contract shall supervise the quality of the goods used by the licensee using its registered trademark. The licensee shall ensure the quality of the goods using the registered trademark. Otherwise, the licensor has the right to terminate the trademark license contract.

5. The transferor of a trademark rights transfer contract shall not, within the validity period of the contract and within the effective area of ​​trademark registration, transfer goods that are similar to or similar to those of the transferee. Use the transferred trademark on the same goods, unless there is a trademark license contract with the transferee. Otherwise, the transferee has the right to sue the transferor of the original trademark rights transfer contract for infringement of the exclusive right to use the trademark.

6. If the licensee obtains an exclusive trademark use license through a trademark license contract, the licensor shall not use the registered trademark, nor shall the licensor Sublicense others to use the registered trademark. If the licensee obtains a non-exclusive trademark use license through a trademark license contract, the licensor not only still has the right to use its trademark, but also can issue the same non-exclusive trademark use license to any third party. .

7. The licensee in the trademark license contract shall not allow any other third party to use the registered trademark, unless there is a trademark owner who is the trademark owner. Express authorization from the licensor in the license contract.

8. If there is a dispute between the trademark rights transfer contract and the trademark rights license contract, the two parties can resolve it through negotiation on their own, or they can resolve it through mediation or arbitration. The above channels If nothing works, it will be ultimately resolved through litigation.

9. If the dispute between the trademark rights transfer contract and the trademark rights license contract is resolved through litigation, the case shall be under the jurisdiction of the people's court of the defendant's domicile or the place where the contract is performed.

The transfer of trademarks needs to follow certain laws and regulations, and cannot be done blindly or casually. Otherwise, the exclusive right of this trademark will not belong to the acquirer, which will harm the interests of both parties, so be sure to carefully review the laws and regulations in this article. If you have recently encountered a trademark transfer problem and still have questions about it, the Legal Savior Network also provides online lawyer consultation services. You are welcome to seek legal consultation.