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Relevant Provisions And Tips For Trademark Pfer

2010/8/19 10:58:00 86

trademark

Transfer means that the trademark owner pfers the ownership of the trademark to another person, either in the form of buying or selling, or in the form of trademark contribution or gift, and so on, including the registered trademark and the trademark that has been applied but not yet registered.

With regard to the procedures for trademark pfer, the thirty-ninth provision of the Trademark Law of China stipulates that the pferor and the pferee shall sign the pfer agreement and pfer it to the Trademark Office together with the pfer of the registered trademark.

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The assignee shall guarantee the quality of the goods registered with the registered trademark.

The assignment of a registered trademark shall be announced after approval.

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The right to exclusive use of a trademark shall be granted from the date of publication. "

Article twenty-fifth of the regulations on the implementation of the trademark law stipulates that "if a registered trademark is pferred, the pferor and the pferee shall submit an application for the assignment of the registered trademark to the trademark office."

The application procedures for the pfer of registered trademarks shall be handled by the pferee.

After approving the application for the pfer of a registered trademark, the Trademark Office shall issue the corresponding evidence to the pferee and make a public announcement.

If a registered trademark is pferred, the trademark registrant shall pfer the same or similar trademark registered on the same or similar commodity. If the trademark is not pferred, the Trademark Office shall notify it to make corrections within a specified time. If the time limit is not corrected, it shall be deemed to give up the application for the pfer of the registered trademark, and the Trademark Office shall notify the applicant in writing.

The Trademark Office shall not approve the application for the assignment of a registered trademark, which may cause misidentification, confusion or other adverse effects, and notify the applicant in writing and explain the reason.

Concerning the handling of the agreement on the pfer of the clothing trademark, we should pay attention to: (1) after the pfer of the registered trademark has been signed, the pferor and the pferee shall sign the pfer agreement together and apply to the State Trademark Office for approval. Only after the authorized pfer of the State Trademark office, the pferee can obtain the right to exclusive use of the trademark. (2) the same or similar trademark registered on the same or similar commodity should be pferred together. Otherwise, the Trademark Office will be regarded as giving up the application for pfer. (3) after the Trademark Office accepts the pfer application, it will not approve the approval of the law, which is not in conformity with the law.

In practice, some enterprises sign the trademark pfer agreement with others, pay the pfer payment and use the trademark or get the trademark registration certificate of the other party, and then do not go through the approval procedures for trademark pfer.

Without obtaining the approval procedures of the Trademark Office, the ownership of the trademark is still in the name of the pferor. In law, the pferor is still the exclusive right holder of the trademark, and the pferee has not obtained the trademark ownership recognized by law. Therefore, we emphasize that after the trademark pfer agreement is concluded, the application for trademark pfer must be processed and the certificate of pfer of registered trademark issued by the Trademark Office shall be obtained, otherwise, it is a huge legal risk to the pferee.