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The right of trademark transfer refers to the right enjoyed by the trademark owner to transfer his registered trademark to others by setting procedures and conditions according to law. Where a registered trademark is assigned, the assignor and the assignee shall sign an assignment agreement and jointly file an application with the trademark office. What are the principles to be followed in trademark transfer?
If the trademark applied for transfer is a joint trademark, the following matters shall be noted:
1.The trademark shall be transferred by one person to several persons. When filling in the application for transfer, the name and address of the representative shall be filled in the column of the name and address of the transferee. The stamp of the transferee shall be stamped with the seal of the representative. The names of other co owners shall be filled in the list of names of other co owners after the transfer attached page, and the seal shall be stamped. The address of other co owners does not need to be filled in.
2.If the trademark is jointly owned by more than one person and is owned by one person, the name and address of the original representative shall be filled in the column of the name and address of the transferor when filling in the transfer application, and the seal of the original representative shall be stamped on the transferor's stamp; the name and address of the transferee shall be filled in the corresponding column and sealed. The name of the original other co owners shall be filled in the name list of other co owners before the transfer attached with the seal, and the address of the original other co owners need not be filled in.
3.In case of application for transfer due to change (including increase or decrease of co-owners) of the common trademark, the name and address of the original representative shall be filled in the column of the name and address of the transferor in the application form, the seal of the transferor shall be stamped with the seal of the original representative, and the name of the original other co owners shall be filled in the name list of other co owners before transfer on the attached page. The name and address of the transferee of the application shall be filled in the column of the name and address of the representative after the transfer, the seal of the representative after the transfer shall be stamped on the stamp of the transferee, and the names of the other co owners after the transfer shall be filled in the list of the names of the other co owners after the transfer attached with the seal. It is not necessary to fill in the address of other co owners in the attached list.
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