Trademark transfer is a positive result and a decision made by both parties after consultation. However, trademark transfer is passive and passive, and often only happens under the conditions of one party's death, bankruptcy and other factors. Trademark transfer shall be approved and announced by the Trademark Office before it becomes legally effective. Trademark transfer shall take legal effect from the date of the objective fact (death or bankruptcy of the subject) that leads to trademark transfer.
After the trademark is transferred, the assignee obtains the trademark right from the date of approval, but has no right to claim the infringement dispute before the trademark. The trademark can be transferred, and the successor can claim rights for the infringement before the transfer.
Of course, the biggest difference between trademark transfer and assignment is that assignment is not a legal act of both parties, but an objective event, as long as the heir accepts the trademark right and submits the formalities.
The process of trademark transfer shall be governed by Articles 42 and 43 of the Trademark Law. Article 42 Where a registered trademark is assigned, the assignor and the assignee shall sign an assignment agreement and file an application with the Trademark Office. The transferee shall guarantee the quality of the goods using the registered trademark.
After the transfer of a registered trademark is approved, it shall be announced. The transferee shall enjoy the exclusive right to use the trademark from the date of announcement.
Article 43 A trademark registrant may authorize others to use his registered trademark by signing a trademark license contract. The licensor shall supervise the quality of the goods in which the licensee uses its registered trademark. The licensee shall guarantee the quality of the goods using the registered trademark.