A mark is a symbol that is used to distinguish the goods and services of various businesses and persons. The trademark owner, on the other hand, has the option of transferring his trademark to someone else. Do organizations and businesses that want to transfer their trademarks need to re-register with state agencies? What is the process for transferring a trademark? To clarify this issue, Hong Bang Law Firm would like to give the following advice to clients:
Legal basis
- The 2005 Intellectual Property Law was amended in 2009;
- Decree No. 22/2018/ND-CP detailing a number of articles and measures to implement the 2005 intellectual property law and the law amending and supplementing a number of articles of the 2009 Intellectual Property Law on copyright and related rights.
Conditions for trademark transfer
- Trademark owners may only transfer their trademarks and rights to the extent protected.
- The transfer of rights to trademarks must not cause confusion about the Company’s characteristics, origin, trade names or associated trademarks for trademarked goods and services.
- Trademark rights may only be transferred to organizations and individuals that meet the conditions for persons entitled to register such trademarks.
- The transfer of trademarks must be carried out in the form of written contracts. Trademark transfer contracts are valid only when they have been registered at state management agencies on industrial property rights.
Contents of trademark transfer contracts
The trademark transfer contract must contain the following main contents:
- Full name and address of the transfere and the transferee
- Number of transfer mark diplomas
- Transfer base
- Transfer price
- Rights and obligations of the transferees and the transferring parties.
Procedures for trademark transfer
Trademark transfer registration dossier
- Registration declaration according to the prescribed form;
- Original or valid copy of contract;
- Original protection diploma
- Written consent of co-owners, written explanation of the reasons for disagreement of any co-owner on the transfer of rights if ownership of the trademark is jointly owned;
- Documents for payment of fees and charges;
Implementation time
According to the circular of the intellectual property law, the period of consideration for approval of trademark transfer applications is from 1.5 to 2 months.
Competent authority: Intellectual Property Department
Services of Hong Bang Law Firm
- Advising on legal aspects related to trademark transfer contracts;
- Advising on drafting and reviewing trademark transfer contracts;
- Clients representatives negotiate, draft and review trademark transfer contracts;
- Advising on procedures and dossiers of registration of trademark transfer contracts;
- Advising and representing clients to settle disputes related to trademark transfer contracts.
If you need more detailed advice and answers as well as how to access this service, please contact directly our Lawyer Nhat Nam via hotline: 0912.35.65.75, 0912.35.53.53 or call the free legal consultation hotline 1900.6575 or send a service request via email: lienheluathongbang@gmail.com
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