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Shanghai Trademark Transfer Methods

Update Date:2020-7-22 10:21:01     Views:94

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Trademark transfer is the act of trademark registrant to transfer the exclusive right of trademark to the other party within the valid period of registered trademark. There are three method to transfer a registered trademark: contract transfer, subsequent transfer and transfer due to administrative order.


1.Contract transfer: refers to the transferor's contract to stipulate the content, rights, obligations and liabilities for breach of contract of the transferred registered trademark, etc. this form of transfer is generally paid, that is, the transferor collects certain transfer fees by transferring the exclusive right of the registered trademark.          


2. Subsequent transfer: refers to the subsequent transfer of a registered trademark. There are two situations:

(1) after the death of the registered owner (natural person), that is, after the end of his life, there is a successor who inherits all the registered trademarks of the deceased in accordance with the procedure of inheritance.

(2) the successive transfer when the enterprise as the owner of the registered trademark is merged or merged.

3. Transfer due to administrative order: this form of transfer generally takes place in public ownership countries. The administrative orders mentioned here are mainly the plans and administration that cause the circulation of property. For example, the separation, merger, dissolution or transfer of production of state-owned enterprises according to administrative orders will inevitably lead to the change of the subject of registered trademarks.


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