The Same Trademark Trademark Ownership Identified A Transfer Contract

A plurality of selling refers to all the people of his possessions were sold to a number of different subject behavior, the reason for this behavior is diverse, may be due to market competition situation, after the buyer a higher bid, the seller for maximum benefit, get more price considerations, ignore and the first vendee has signed a contract for the sale of the facts, and after a buyer to sign a new contract, or the seller starts a transaction, just in order to get at the gold illegal interests, malicious signed contracts of sale situation with many people, no matter what a number for the formation of the original, this behavior has violates the principle of good faith, but also make the normal trading order destruction. But in real life, a number sells behavior but meet the eye everywhere, It is often seen. Especially in the sale personnel to get payment and have been wasted, no compensation ability or a bankruptcy case, the buyer is to avoid the actual loss to the property in the goods, the contention is intense, often trigger disputes. Under the conflict of these rights surface, there must be a series of we need to give further attention and discussion of the theory and the practice topic. The Supreme Court of new judicial interpretation about the "sales contracts"(hereinafter referred to as the contract for the sale of judicial interpretation of three) ninth, tenth for ordinary property and ships, aircraft, motor vehicles and other special movable in multiple sales performance order made a clear stipulation, has been delivered, with delivery date, were not delivery of the first payment of the purchase price, to prevail, were not delivered, all also fails to pay the price, the contract in order to prevail, but in real life business behavior change rapidly, sale of the subject can not be only limited to the ordinary chattels or special movable property, if as intangible knowledge property rights, such as trademark encounter similar "a multi sale" of the situation and how to deal with? Can refer to the contract for the sale of the judicial interpretation III for ordinary property of the provisions to be processed? In addition, the trademark as intangible assets, has its difference from the general character of the real estate, in determining the final ownership of trademark is to consider its own characteristics to be improved, and this is also the need to focus on. In this paper, the assignment of a registered trademark as the research object, combined with the trademark law, contract law, the contract for the sale of relevant judicial interpretation and legal regulation three, comprehensive use of comparative analysis on law and law explanation method discusses the existence of the same trademark a transfer contract, the trademark ownership of analysis, then put forward standard. This paper discusses from the following three aspects:The first part mainly expounds the contract justice three for the legislative purpose, multiple sales order of performance of the legislative background, this part aims to provide a background, based on the legislative purpose, the legislative background of the object, to explore our country legislation to protect, lay the foundation for the later discussion.The second part mainly introduces the characteristics of trademark itself has the trademark transfer contract, analysis of whether it belongs to the contract for the sale of the category, can be applicable to judicial sale contract interpretation rules three for multiple sales order of performance, with its own characteristics, there is no need to be perfected. The third part based on the part of the conclusion is summarized, according to the contract for the sale of judicial interpretation of three ninth for the average dynamic problems multiple sales order of performance for trademark creates, and puts forward suggestions for improvement.