Transfer And Use Permission Of Registered Trademarks
One Registered trademark Transfer
(1) if a registered trademark is transferred, the assignor and the assignee shall sign a transfer agreement and apply jointly to the trademark office. After the registration of a registered trademark is approved, it shall be announced, and the transferee shall have the exclusive right to use the trademark from the date of "announcement" instead of approval.
The parties concerned shall conclude a written contract and register with the patent administration department under the State Council, and the patent administration department under the State Council shall make a public announcement. The transfer of the right to apply for patent is effective from the date of registration.
(2) when a registered trademark is transferred, the trademark registrant shall transfer the same or similar trademark registered on the same or similar commodity. If the trademark is not transferred, the Trademark Office shall notify it to make corrections within a specified time limit. If the time limit is not corrected, it shall be deemed to have waiver the application for transferring the registered trademark, and the Trademark Office shall notify the applicant in writing.
[related links] a registered trademark can be applied for registration. Transfer the possession of 。
2. registered trademarks Permission to use
(1) a trademark registrant may license another person to use his registered trademark by signing a trademark licensing contract. The trademark license contract shall be reported to the Trademark Office for "record" instead of approved.
(2) the Licensor shall supervise the quality of the goods registered by the licensee using its registered trademark. The Licensee shall guarantee the quality of the goods registered with the registered trademark.
(3) if the registered trademark of another person is permitted to be used, the name of the licensee and the place of origin of the commodity must be marked on the commodity that uses the registered trademark.
3. management of trademark usage
Where a registered trademark is used, one of the following acts shall be ordered by the Trademark Office to make corrections within a specified time or to cancel its registered trademark:
(1) changing the registered trademark voluntarily;
(2) change the name, address or other registration items of the registered trademark voluntarily;
(3) transfer of a registered trademark on its own;
(4) ceased to use for 3 consecutive years.
[interpretation] if a registered trademark is revoked, the Trademark Office shall not approve the application for trademark registration identical or similar to the trademark within 1 years from the date of cancellation.
[related links] a grade trademark can be applied for registration and transfer or permit others to use it. One of the trademarks is cancelled or revoked, which does not affect the existence of other trademarks.
Related links:
A trademark is a mark used to distinguish the brand or service of an operator and the goods or services of other operators. China's trademark law stipulates that trademarks approved for registration by trade mark offices include commodity trademarks, service marks, collective trademarks and certification marks. The trademark registrants enjoy the right to exclusive use of trademarks and are protected by law. If they are well-known trademarks, they will receive legal protection for trademark rights exclusive to different categories.
The answer to the official website of the World Intellectual Property Organization (WIPO) is that trademarks are marked signs of a commodity or service as a product or service produced or supplied by a specific individual or enterprise. The origin of a brand can be traced back to ancient times when artisans printed their signature or "mark" on their artwork or practical products. With the passage of time, these markings have evolved into today's trademark registration and protection system. This system helps consumers identify and buy a product or service, because the nature and quality of the product or service specified by a trademark on a product or service meet their needs.
According to the Trademark Law of the People's Republic of China (2013 Amendment), a mark that separates one's own goods or services from others' goods and services (including words, graphics, letters, numbers, sounds, three dimensional signs and color combinations, and combinations of the above elements).
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