What are the reasons for disapproval of trademark transfer?

Maybe you have only heard about Trademark registration being rejected. As for the information about trademark transfer being rejected, maybe you have not heard about it. In fact, in rare cases, trademark transfer will be rejected by the National Trademark Office. So, what are the reasons why trademark transfer is not approved? The editor of Legal Savior Network has compiled the following content to answer your questions. I hope it will be helpful to you.

What are the reasons for disapproval of trademark transfer

(1) The trademark has expired and has not been renewed and the transfer is proposed

(2) The trademark has been canceled or revoked

(3) Not qualified as a collective trademark registrant , collective trademark transfer cannot be carried out

(4) The trademark registration application was rejected and no review was filed

(5) For a trademark containing a company name, the assignee has nothing to do with the company name

(6) A pledged trademark shall not be transferred before the expiration date

(7) Applying for the same trademark with others, which has been approved first

(8) There is no evidence to prove that the transferred trademark is owned

(9) Trademarks that have been seized by the court and trademarks that have been refused registration

(10 ) The transfer application was filled in incorrectly

In order to ensure the quality of the goods used by the transferee using the registered trademark, there are many legal provisions that the transfer must not cause deceptive consequences or Causing public confusion about goods from different sources. As stipulated in Article 22(4) of the UK Trademark Law, the Patent and Trademark Office will not approve the transfer of a trademark if it will cause or is likely to cause confusion in the market. The Paris Convention for the Protection of Industrial Property also states that free transfer should be conditioned on the condition that the public does not misunderstand the source and quality of the goods bearing the trademark.

Transfer together is a practical practice for trademark transfer in my country, but the implementation is not strict. The restrictions on the transfer of registered trademarks allow trademark transfer to be separated from business operations. This does not mean that the transfer is arbitrary. If the transfer of a registered trademark may cause confusion about the products of different manufacturers or a decrease in the quality of the products,The law prohibits the transfer, or the transfer is detrimental to the interests of a third party or the public, so the application approval system is adopted in our country's laws. According to the provisions of this article, the transferee shall ensure the quality of the goods using the registered trademark.

Relevant provisions also clearly stipulate that if a registered trademark is used and the goods are shoddily manufactured, passed off as inferior, and deceive consumers, the industrial and commercial administration departments at all levels will be responsible for the violation according to different circumstances. be processed until the Trademark Office cancels its registered trademark. If a registered trademark is transferred on its own, the Trademark Office shall also order it to correct or cancel its registered trademark within a time limit.

The above situations are all situations where trademark transfer may be rejected. When these situations occur, find out what is the cause and whether there is a solution. . If your situation is more complex, the Legal Savior Network also provides online lawyer consultation services, and you are welcome to seek legal consultation.