What are the considerations for applying for trademark transfer? According to China's relevant laws and regulations and at the same time combined with judicial practice. When signing a trademark transfer agreement or a trademark transfer contract, the following points should be noted:

    1.Uunderstand the attributes of the trademark being transferred

    It must be clear to know whether the transferred trademark is a registered trademark or a trademark". Because only registered trademark has the exclusive right to use trademark, and "apply for trademark" only has the right to apply for the first time.

    2.Issues to be paid attention to in the transfer of registered trademarks

    1)Illegal transfer

    Illegal transfer of all registered trademark of the transfer of people don't have the registered trademark, or is not representative of all owners of trademarks, or registered trademark rights without the consent of the owner, and to conceal fraud, forgery and other improper means to use the registered trademark of the trademark registrant secretly transferred. In the existing trademark transfer program because of the objective existence of loopholes, to do such a thing is not difficult, even after the can through legal channels to solve the protection of trademark rights and the interests of the people, but the parties will suffer great loss is irreparable.

    2)Invalid transfer problem

    Invalid transfer refers to the transfer of registered trademark does not meet the restrictions stipulated in the trademark law, even if the two sides have transferred the trademark transfer agreement has been signed, and Party B has also paid the trademark transfer fee, but this registered trademark transfer application is not Will be approved by the State Trademark Office, so the transfer of the trademark is invalid, because the trademark can not be approved transfer, so the owner of the trademark has not changed.

    Because the State Trademark Office for the registration of trademark transfer for less than half a year, more than a year or more, plus the transfer of the two sides signed a trademark transfer agreement after the need to prepare the relevant trademark transfer application documents, payment transfer related Payment, mail and so on. Therefore, after the signing of the trademark transfer agreement, the transferee has no way to immediately determine whether the transfer of the trademark is not allowed by the State Trademark Office to transfer the registration, and at least six months to be able to determine the time.

    3.Part of the transfer problem

    Part of the transfer refers to the transfer of the trademark does not transfer the trademark rights of the other similar trademark with the transfer to the trademark transferee, but intentionally or unintentionally conceal or retain a part of the trademark similar to the transfer of similar trademarks , The transferor may still use other trademarks that are similar to the trademark to be transferred after the transfer of the mark, which would cause substantial harm to the assignee of the mark.

    4.Conceal the loopholes in the rights and interests of the transferred trademark

    Trademark transferor in the transfer of the trademark, to cover up the trademark before the transfer has been allowed to use others, was transferred, pledged debt and other issues, so that the transferee of the trademark after the transfer of the trademark rights and interests have been affected.