What are the rights and obligations of the transferor when transferring a registered trademark?

Trademark transfer is a transfer process in the form of a transaction between the trademark owner and a third party. It involves the interests of both the transferor and the transferee. Therefore, a trademark transfer contract must be signed. What rights does the transferor have when transferring a registered trademark? Well, what issues need to be paid attention to when signing a trademark transfer contract? Here, the editor of Legal Savior Network will summarize this issue with you.

What are the rights and obligations of the transferor of a registered trademark transfer

1. The transferor must ensure that he is the owner of the trademark and explain to whom and what type of trademark use licenses have been issued before signing the contract. , as well as the obligations of the trademark owner in the original license contract.

2. If the original license contract stipulates that trademark rights The owner is not allowed to transfer his trademark rights to others, so the trademark owner is not qualified to enter into a transfer contract.

3. If the transferor acquires all If all trademark rights are transferred in the country where the trademark has been registered or applied for registration, the transferor should also ensure that by the time of signing the contract, all registration application procedures have been completed in countries that have not approved its registration, and the relevant applications have not been rejected.

4. If the transferor transfers all of its trademark rights registered or applied for registration in all countries, the two parties should also agree that after the transferred application is approved, the transferee will enjoy all exclusive rights.

5. IfIf the transferor will take back the trademark rights on time, the transfer period should be agreed upon. If the transferee is required to guarantee the quality of the goods marked by the trademark, the transferor shall provide the technical know-how for producing the relevant goods, product instructions, product packaging laws, product maintenance laws and related technical services as agreed.

6. The transferor guarantees that during the validity period of the contract and The transferred trademark shall not be used for goods that are similar or identical to the transferee's goods within the territory where the trademark is registered.

7. The transferee shall not disclose that the transferor is Trade secrets or technical secrets provided to the transferee together with the transfer of trademark rights. The transferred trademark name, style, registration country, registration number, the date of next renewal, the categories of goods or services covered by the trademark registration and their specific names.

8. If the transferor transfers its rights in any country If all trademark rights are registered or applied for registration, the contract should also list the name of the country that has approved the registration, the name of the country that has accepted the registration application, and the relevant goods or services included in the registered trademark and the trademark to be applied for registration. Category and specific name.

The above is the summary of the editor of Legal Savior Network according to everyone I hope this will be helpful to everyone regarding the answers to what rights the transferor has when transferring a registered trademark. In the case of trademark transfer, signing a legal contract is a form of safeguarding the interests of both parties. Therefore, when signing a contract, it is necessary to ensure the legal validity and time validity of the contract. Therefore, when signing a contract, you must pay attention to the above The problems introduced, otherwise, if the contract is not legally binding, it will cause unnecessary trouble to both parties to the transfer. Welcome everyone to come to the Legal Savior Network to consult on legal issues.