To determine whether a trademark has been illegally transferred, the following aspects can be considered:
1. Whether the trademark is transferable: According to the Trademark Law of the People's Republic of China, a registered trademark can be transferred, but there are also some restrictions. For example, a trademark registrant must comply with the provisions of the Trademark Law when transferring a trademark, i.e., the trademark must be registered and within the validity period. In addition, the assignee must meet the conditions stipulated in the Trademark Law, such as not infringing on the exclusive right to use the trademark of others, not infringing on the legitimate rights and interests of others, etc.
2. Whether the trademark transfer complies with the law: The trademark transfer must be reviewed and announced by the Trademark Office, which is a procedure prescribed by law. If the trademark transfer has not been reviewed or announced, the transfer is invalid.
3. Whether the trademark transfer is reasonable and just: The trademark transfer shall follow the principles of fairness, justice and reasonableness, and there shall be no fraud, coercion and other behaviors. If the trademark transfer is unreasonable or illegal, the transfer may also be found invalid.
4. Whether there is fraud in the trademark transfer: If there is fraud in the trademark transfer, such as forging signatures or privately engraved seals, this is also an illegal transfer.
If you suspect that your trademark has been illegally transferred, you can seek legal assistance, such as hiring a lawyer or legal advisor who can help you understand your rights and guide you on how to proceed next1. At the same time, you can also file a complaint with the Trademark Office and ask the court to revoke the transfer. 