Abandon trademark rights? Transfer trademark rights? Explanation of Soda Green Trademark Litigation

Wu Qingfeng, a member of Yudingshi, and others, and his former manager Lin Weizhe went to court over the trademark rights of "Soda Green". Now Lin Weizhe has announced that he has abandoned the trademark rights of "Soda Green"

1. What is the difference between abandoning trademark rights and transferring them?

If the trademark owner no longer needs to use the registered trademark to protect his rights, he may give up his trademark rights in writing to the Smart Bureau, and the written expression of intention will be extinguished as of the date it reaches the Smart Bureau. Once a trademark is discarded, in principle, anyone can use the mark for any purpose.
Secondly, the transfer of trademark rights means that the trademark owner transfers and registers all his trademarks to another person, and the recipient obtains the trademark, and other third parties are still not allowed to use the trademark arbitrarily.

2. Can group members directly obtain the Soda Green trademark rights?

Lin Weizhe Music Club has already submitted a document to abandon the trademark rights of Soda Green, which will take effect after the case reaches the Wisdom Bureau. However, the "Soda Green Co., Ltd." established by the members has submitted a case to apply for the trademark "Soda Green" as early as 2020. Therefore, the "Soda Green" three The word will be first picked by Soda Green Co., Ltd.

3. How can members obtain trademark rights again? Should I file a trademark lawsuit?

Since the "Soda Green Co., Ltd." established by the group members has applied for a trademark for the word "Soda Green", if it meets the requirements for trademark application, it may be possible to obtain the trademark rights.

4. Can other people register?

If "Soda Green Co., Ltd." has not applied for the trademark "Soda Green" before, then others may be able to register it first.
However, the law also stipulates that if someone maliciously registers a trademark that someone else has not applied for registration, the act of registering may be deemed illegal and the person may not apply for a trademark.

Reference provisions
Article 30, Paragraph 1, Paragraph 12 of the Trademark Law: “Identical or similar to a trademark previously used by another person for the same or similar goods or services, and the applicant is aware of it due to contractual, geographical, business dealings or other relationships with that person. If someone else’s trademark exists and they apply for registration with the intention of copying it. However, this does not apply to those who apply for registration with their consent.”

➖➖➖➖➖➖➖➖

If you have any relevant legal questions, please feel free to call us, we will sincerely serve you!

Line：https://line.me/ti/p/@fdlaw
Tel:0277093611
Facebook:https://www.facebook.com/fudalawyer
website:https://fdlaw.com.tw/
e-mail:info@fdlaw.com.tw