What are the problems in trademark transfer? Article classification: trademark transfer Release date: 15:20:20, September 16, 2019 Click through rate:
In fact, the transfer of trademark is not the same as the licensed use of trademark. The transfer can be understood as selling the trademark right to others, that is, transferring the ownership of trademark. What are the problems in trademark transfer?
On the transfer of trademarks
What are the problems in trademark transfer?
1. The assignor shall guarantee that he is the owner of the trademark, state to whom and what type of license to use the trademark has been granted before signing the contract, and the provisions on the obligations of the trademark owner in the original license contract.
2. If the original use license contract stipulates that the trademark owner shall not transfer his trademark right to others, then the trademark owner is not qualified to enter into an assignment contract.
3. If the transferor transfers all of its trademark rights in all countries that have obtained registration or applied for registration, the transferor shall also ensure that all registration application procedures have been fulfilled in the countries that have not yet approved its registration and the application has not been rejected. Transfer price. After the transferor's rights, the scope.
4. If the transferor transfers all the trademark rights registered or applied for registration in all countries, both parties shall also agree that the transferee shall enjoy all exclusive rights after the application for registration is approved.
5. If it is agreed, the transferor shall take back the right on schedule. If the assignee is required to guarantee the quality of the goods indicated in the trademark, the transferor shall provide the technical know-how for the production of the relevant goods, the trade description, the commodity packing law, the commodity maintenance law and the relevant technical services.
6. The assignor undertakes not to use the assigned trademark for goods similar to or identical to the goods of the assignee within the validity period of the contract and within the registered valid territory of the trademark.
7. The transferee shall not disclose the trade secret or technical secret provided by the transferor to the transferee for the purpose of transferring the trademark right. The name and style of the transferred trademark, the country of registration, the registration number, the date of the next renewal, the types of goods or services included in the registration of the trademark and their specific names.
8. If the transferor transfers all the trademark rights registered or applied for registration in all countries, the contract shall also specify the name of the country that has approved the registration, the name of the country that has accepted the application for registration, and the category and specific name of the relevant goods or services included in the registered trademark and the trademark to be applied for registration.