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What are the ways to transfer a trademark?

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What are the ways to transfer a trademark?

The value of a trade mark increases as the company develops its business over time.

The value mentioned above may not only be monetary. Intangible value can also be generated. Sometimes the trademark owner may need to assign the trademark for some reasons, is it possible to do so?

In fact, trademark right itself is an intangible asset that can be “inherited” or “transferred”. In other words, although a trademark can only be used for your own purposes after registration, you can indeed transfer the trademark after consideration . In some cases, you just “have to” transfer your trademark.

Trademarks can be transferred in several ways:
  1. Consensual transfer: when the assignor and the assignee have reached an agreement, the agreement is based on a certain amount of money as set by the two parties and the assignment of the rights (which means that I bought the trademark from you at a certain price, which can be often seen in trademarks, and belongs to the realm of a legitimate transaction).
  2. Gifting: the trademark owner can transfer the trademark to others at will and the assignee can take the trademark at no cost (it means that I can transfer the trademark to others without any conditions).
  3. Inheritance transfer: after the death of a “natural person”, the trademark owner can obtain the right by the “statutory successor”, but if there is no one to inherit, the trademark right will be dissolved after the death of the trademark owner (which means that the trademark can be obtained by inheritance, but only if you are the “statutory successor”)
  4. Transfer after merger: when the merged company transfers the trademark to the remaining company for continue using the mark (meaning that the trademark right can be transferred and continue to be used after the merger of the two companies).
  5. Judgment / Auction Transfer: A third party acquires the trademark rights through a court-established judgment or through an auction (meaning the trademark rights granted to you by the court)

The above-mentioned trademark assignment requires the supporting documents for the application. The trademark assignment is not “your decision” but must be proved by supporting documents or contract before it can be assigned, especially if the trademark's value can be either large or small, you will be able to have a basis to prove that you own the trademark, which is a kind of protection for both the assignor and the assignee.

Disclaimer

All information in this article is only for the purpose of information sharing, instead of professional suggestion. Kaizen will not assume any responsibility for loss or damage.

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