In Bajie Intellectual Property Trademark Encyclopedia, the trademark category of training institutions is 41-41kloc-0/-training courses arranged by educational institutions 4 10 1 etc. 4 102- Organizing and arranging educational, cultural and recreational activities. There are many types of training institutions, which can also help students develop in many aspects.
In the process of trademark transfer of training institutions, it is usually a trademark transfer transaction between two complete strangers. At this time, the other party knows nothing about the information. How can we be sure that there is no problem with this transaction?
Let's talk about the main points that the transferor should pay attention to first. The transferor shall make it clear that the transferee must be an enterprise, individual industrial and commercial households, individual partnerships or other institutions and social organizations, and natural persons who have not obtained business activities according to law cannot be the transferee of trademark rights.
Moreover, we should pay attention to the payment, and try to agree that the transfer fee is divided into two parts, one part is paid at the time of signing the contract, and the other part is paid after the trademark approval announcement. Avoid one-time payment after successful trademark transfer, and prevent the transferee from delaying payment or not giving money after obtaining the trademark.
Let's talk about the key points that the transferee needs to pay attention to. The transferee cannot sign a contract directly on the basis of the trademark registration certificate, and must also investigate whether the transferor is a trademark registrant and the trademark situation. Check the trademark registration certificate carefully to ensure that the information on the trademark registration certificate is consistent with the business license information. If not, the trademark transfer application will be rejected.
When both parties sign a contract, it must be made clear in the contract that the transferor enjoys the exclusive right to the transferred trademark, and that the trademark is within the validity period. For the current situation of trademarks, it is necessary to know whether trademarks are licensed, whether trademarks are mortgaged and whether trademarks are frozen. If the trademark is licensed to others, the prior licensor's consent must be obtained. If it is a pledged or frozen trademark, it must also obtain the consent of the pledgee or the people's court, otherwise the trademark may not be transferred.
The transferee also needs to know that if a trademark registrant registers the same or similar trademarks on the same or similar goods, it shall transfer them together, otherwise trademark disputes are likely to occur after the trademark transfer.
The transferee assumes that the trademark it encounters has not been approved and cannot be purchased. This kind of trademark has great risks. If the registration is unsuccessful and the trademark has no legal effect, how to transfer it? If the validity period of the trademark is approaching, the transferor should renew the trademark first, otherwise it will expire after the transfer, and the transferee will have to renew it, which will cost some money and effort.
Strictly speaking, both parties to the trademark transfer need to trust each other, otherwise the trademark transfer will not be smooth. But this is only after the two sides have learned some detailed information about each other. Only by establishing such a foundation can the final trademark transfer proceed smoothly.