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The process and expenses of the Russian trademark transfer

发布日期:2022-08-25  浏览次数:   信息来源:小编

1. Russian trademark transfer agreement


A part of an industrial property rights, including Russian trademarks, is the registration of the transfer agreement. This stage is very important. Without it, the granting of the designated right to register will fail. Therefore, when completing such transactions, you must immediately contact the Patent Office to register the exclusive rights.


Considering the right to grant the right to use and register the Russian trademark transfer agreement is the benefits of both parties (transfer party and the transfer party):


]


The owner of the Russian trademark (the transferor) obtained additional income from the transaction and increased the brand awareness, and the protection of Russian trademarks not canceled in advance for not being used. The transferor (buyer) has saved the time and money of developing new products and registered intellectual property rights to ROSPATENT, and immediately began to use consumers' known Russian trademarks. At the same time, it would not infringe on anyone's rights when using Russian trademarks.


Note! The transaction and registration of the Russian trademark transfer agreement enables the permission to use the Russian trademark in the scope and quantity of strict definition, but it does not mean that the ownership of the copyright owner is completely transferred to it.


The following types of contracts are distinguished
    :


] Exclusive/non -exclusive license;

Single permit;


Divide permit;


2. Exclusive permission and its registration


This agreement can be considered the most favorable to buyers because The transaction involves the prohibition of copyrights to transfer the same intellectual property to third parties within the validity period of the agreement. In addition, in the case of third parties infringing on its Russian trademark rights, both parties have the right to take legal operations, and the rights are also incurred after the Russian trademark transfer agreement is registered.


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Third, non -exclusive permits

Different permits, non -exclusive licenses are not permitted, no license is not Provide the right to transfer in an exclusive manner. This means that it can sign a similar agreement with any other licensee to the same Russian trademark.


Register a non -rankingAfter his Russian trademark transfer agreement, the brand owner can transfer the same rights to people of unlimited numbers. This type of protocol is obviously more beneficial to the Russian trademark owner because it means higher income and is used by well -known brands of the chain mechanism.



Four, divide 123] This type means that the copyright owner agrees to be signed a sub -agreement with a third party. According to the sub -agreement, the scope of the transfer rights and terms shall not exceed the scope specified in the main transfer agreement. The heirs under the license are also responsible for the intellectual property rights of the brand owner, and for other types of agreements, the Russian trademark transfer agreement is mandatory.


According to the permission, not only can Russian trademarks and service signs be transferred in accordance with the law, but also the right to transfer copyright objects, computer procedures, well -known Russian trademarks, invention patents, and practical new types in accordance with the law.

  1. The registration of the Russian trademark transfer agreement can only be carried out without drafting. Contract structure:
  2. First, indicate all parties and detailed information of the parties to the contract. You need to ensure that the person who signed the agreement has appropriate permissions, and you need to indicate which document it does.

  3. Secondly, the type of transfer agreement, the possibility of issuing permits, and the conditions and methods of using intellectual property rights are fixed.

  4. In addition, the agreement defines the target of the transaction. This is the basic clause of the contract. Without it, the contract is considered to be unbeaten. This section provides a detailed explanation of the object of granting rights, as well as the list of goods and service.

  5. The term and region of the contract.

  6. The obligations of both parties are also an important part of the agreement. It is mainly due to the obligation of the right to transfer the right to the agreed amount and the obligation to pay in time.

  7. Price terms. The types of payment here are fixed (franchise fees, one -time payment, etc.), rate (for example, if the payment depends on the number of products produced by the Russian trademarks used), payment conditions and methods.

  8. Object protection. The two parties should also be responsible for maintaining the protection of the objects used.

  9. Arbitration clause.

Procedures for changes, extending, and termination of contracts.

Details of all partiesDetails, addresses and signatures.


The Russian trademark transfer agreement does not stipulate the type Registration and service of the Russian trademark transfer agreement, the amount of compensation for paid agreement.


5. The slight difference in law

Because Russian trademarks can only belong to the legal person Or individual operators, the registration of the Russian trademark transfer agreement can only be carried out among these people, and it is not applicable to other registered objects and copyrights.

Industrial property rights objects have a protection period. Therefore, the period of use under the transfer agreement cannot exceed the period covered by patents or certificates.

If the agreement clause is specified, the permission cannot be specified outside the designated area. If this condition is not specified, it is allowed to be used nationwide by default.

The average of 2-3 months on the average Russian trademark transfer agreement registered in ROSPATENT. Registration requires a national fee, and its amount varies from the transfer object:


Patent -4,300 rubles. In the case of adding additional patents, the amount of each object increases by 2,700 rubles.

Russian trademark and service logo 23,500 rubles+ every 21,500 ruble increased

If you apply for the Russian trademark transfer agreement in ROSPATENT through the electronic system, apply People can enjoy 30%expenses.


It must be registered for Russian trademark transfer agreement in ROSPATENT to successfully transfer Russian trademarks for others. PINKEMAN employees will formulate a transfer agreement correctly in accordance with the current regulations and help interact with the registration agency. For more information about the company's services and their costs, you can contact Pingkman cross -border!