Research On The Transfer Of Similar Trademarks

Article 42 of the "Trademark Law of the People's Republic of China" and Articles 31 and32 of the "Regulations for the Implementation of the Trademark Law of the People's Republic of China" clearly require the transfer of registered trademarks and the transfer of exclusive rights to registered trademarks,and "similar trademarks" should be combined transfer.In practice,regardless of intentional arrangements or negligent omissions,the content of the assignment agreement violates the foregoing provisions,or is not agreed,or agreed to be transferred together,but the scope of the trademark is not clear,which causes disputes.A review of effective precedents found that in the case where the trademark assignment contract is not agreed or the agreement is not clear,the judicial judgments have different opinions,or the judgment is to force the transfer of similar trademarks,or the judgment to terminate the trademark transfer contract,and the transferor shall bear the responsibility for breach of contract or reject the acceptance.Let the party request the transfer of similar trademarks together,or make a mediation statement for the separate transfer of similar trademarks.Through analysis,it is found that the judges' different understandings of Article 42 of the Trademark Law,the inconsistency of the judgment standards for the application of the principle of good faith,the competition between the principle of autonomy of will in the contract law and the principle of prohibition of confusion in the trademark law,and the convergence of trademark transfer and registration systems There are loopholes and other factors.To this end,the author draws on the foreign legislation on the transfer of similar trademarks and explores a reasonable way to solve the above-mentioned problems,and believes that under the principle of the simultaneous transfer of similar trademarks,the“Trademark Law” adds provisions on the validity of trademark transfer contracts,which requires The transferor and transferee of the trademark must agree that similar trademarks should be transferred together,otherwise the transfer contract will be invalid.At the same time,the auxiliary duties of the Trademark Office will be improved to promote the parties to better understand the applicable law and make true and comprehensive meanings when signing the trademark transfer contract.Said.Achieve effective resolution of contradictions,balance the interests of all parties including trademark transferors,transferees and consumers,and promote the unification of social and economic benefits of the effective circulation of trademarks.