Research On Publicizing The Transfer Of Registered Trademarks

Article39of the Trademark Law provides that the transfer of registeredtrademarks in China after Trademark Office approved the announcement should onlytake effect. But the law does not clearly define whether transfer of registeredtrademarks is effectual after registration or not., and some people view our country’stransfer of registered trademarks is an approval system, which has nothing to do withregistration. The lack of legal and fuzzy requirements lead to the misunderstanding ofthe relationship between validity of the contract and the transfer of rights, andbecause of these fuzzy rules, the interests of the third party cannot be protectedeffectively in market. The research on publicizing transfer of registered trademarks isfew in the field of academic study, and often lacks a solid theoretical foundation,which leading to a series of problems in registered trademark publicity.Therefore, it is necessary to study the publicity of registered trademark’s transfer.The publicity of transfer of registered trademarks means that by interested partiesapplying for the state organ, the transfer of registered trademarks is recorded in thetext and announces it to the public. At the same time, the publicity of transfer ofregistered trademark is not a simple act of public law or civil private law, let alone anact of certification. It is an act of both public and private behavior dual attributes. Dueto the complexity of registered trademark rights specificity and transaction process,determine the need for the transfer of publicity. In order to protect the freedom ofprivate rights of autonomy and transaction, the view that the registration systemshould not exist is inconsistent with registered trademark transfer particularity. Atpresent, the effectiveness of notification is not clear, and there is not expresslyprovide for the protection of bona fide third parties, the review form is unknown yet.Therefore, contact with the theory of property rights, we should introduce the publiccredibility principle. In consideration of registration of the transfer can save the valueof transaction costs, it is necessary to learn from the countries of the validity ofregistration mode. Combining with the effectiveness of the legislation in regulationsand national conditions and development, we must to establish a registered trademarkof the transfer of public registration effective elements mode, and coordination systemfor the protection of bona fide third parties and clear review of the form of review.Improve the transfer of registered trademarks publicity system in China...