There is a big difference between the transfer of trademarks and trademark license two in essence, in order to prevent users be confused, small finishing the difference and the transfer of trademarks trademark license for your reference, I hope to help the majority of users.
The definitions of the one or two are different
Trademark licensing: the legal holder of a trademark who permits the use of his registered trademark by the State Trademark Office is entitled to use the trademark. According to the trademark license contract, the trademark holder may obtain the trademark use fee, and the licensee may obtain the right to use the registered trademark in accordance with the contract. Where a licensed person uses a registered trademark, the Licensee shall supervise the Licensee's use of the quality of his registered trademark, and the Licensee shall guarantee the quality of the goods in the use of the registered trademark.
Trademark transfer: trademark transfer, trademark transfer is the trademark registrant in the period of validity of the registered trademark, according to the law procedures, the right to exclusive use of trademark transfer to the other party's behavior. The transfer of trademark ownership, the transfer of trademarks, the assignor does not enjoy any rights to dispose of trademarks. Generally, the transfer of a trademark involves the assignment of the contract, the subsequent transfer and the transfer of the order due to the administrative order.
Two, the two application process and the required information is different
Data needed for trademark licensing:
(1) application for the record of the trademark licensing contract;
(2) certificate of qualification of Licensor and Licensee;
(3) the trademark agent's letter of attorney signed by the Licensor;
(4) the original or notarized copy of the trademark licensing contract signed by both parties;
(5) copy of trademark registration certificate or trademark file information;
The process of trademark transfer and the necessary information:
1. The process of trademark transfer includes: application, acceptance, examination, announcement and issue of transfer certificate.
2. Documents required for the transfer of trademarks:
A, application for transfer / registered trademark;
B, the identity certificate of the assignor and the assignee (copy);
C, entrusted agency submitted to the assignee of the "proxy letter", directly in the reception hall for the transferee's handling of the identity of the original and photocopies of the identity card;
D, where the application for transfer is made, the relevant supporting documents shall also be submitted;
E and the application documents in foreign languages shall also be provided with Chinese translations confirmed by the signature of the translation institution.
Three. Other differences between trademark transfer and trademark license
1, the transfer of registered trademark is essentially the change of the subject of trademark right, while the use license is essentially the expansion of the main body of trademark use.
In 2, the transfer of transit people no longer have the right of trademark, not responsible for supervising the assignee (goods or services) quality obligations; and in the use of the Licensor licenses continue to have the trademark rights, are responsible for the supervision and Licensee to use the trademark goods (or service) quality obligation.
3, the transfer of registered trademarks should apply to the State Administration for Industry and Commerce Trademark Office approval; and the use of registered trademarks only need to sign the trademark licensing contract, and reported to the local industrial and commercial authorities for the record.
4, in the transfer of behavior, the transferee should meet the statutory requirements; in the act of licensing, the requirements of the licensee are relatively wide.
5, in the transfer, the transfer will be registered trademark ownership, exclusive right, transfer right, license and legal rights are transferred to the transferee; in the license, the licensee has only license rights.
6, in the transfer, the transferee in accordance with the "trademark law" freedom under the decision of the trademark ownership and use right period; and in the use of the license, determined to use the trademark license term by Licensor and Licensee together.
7, trademark transfer requires the signing of relevant transfer application documents submitted to the Trademark Office for the transfer of records, the legal results of the transfer of exclusive right to use the trademark, and trademark licensing only need to sign a trademark licensing contract. The trademark license shall be submitted to the Trademark Office for the record of the trademark licensing contract, and the legal consequences of not filing the case shall not be against the bona fide third party.
8, the trademark transfer shall be transferred together with the identical or similar trademarks registered on the same similar goods, but the trademark license does not have such provisions.
9, in practical applications, the trademark license shall be paid in accordance with the time limit for the use of the license, and the transfer of the trademark shall be made in accordance with the agreement of the parties, and the transfer fee shall be paid in a lump sum, that is to say, the transfer fee for the purchase of the trademark.
10, if a trademark license standard use, possibly resulting in a vicious competition in the same industry, causing unnecessary losses, and the reliability and safety of the trademark transfer is the highest, trademark is also relatively safe way to get through the transfer of trademarks.