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After the business license is invalid, will the trademark rights be invalid?

Release Time：

2022-07-15

I believe that many people are curious, after registering a trademark in the name of the company, when the business license is invalid, will the trademark rights be invalid? How should trademarks be handled?

First of all, China's current trademark system has special provisions and requirements for the "commercial" subject qualification of the trademark registrant. After the industrial and commercial business license of the trademark registrant is revoked by the industrial and commercial department for various reasons, the trademark rights under the name of the trademark registrant will produce various problems.

According to the Guidelines for the Trial of Administrative Cases concerning the Authorization and Confirmation of Trademark Rights published and implemented by the Beijing Higher People's Court, in the administrative cases concerning the revocation of trademark rights and the request for the invalidation of trademark rights, where the business license of the disputing trademark registrant has been revoked or has been cancelled, it is not appropriate to revoke the registration of the disputing trademark or declare it invalid only on this basis.

In trademark administrative cases, where the owner of the quoted trademark is cancelled and there is no evidence to prove the existence of the subject of rights and obligations, it can be determined that the quoted trademark and the contested trademark do not constitute similar trademarks.

Thus, it can be seen that only when the owner of the quoted trademark is cancelled, the prior rights barrier can be regarded as removed. Therefore, in practice, as a trademark applicant, if it is found that the owner of the quoted trademark has been revoked or has been cancelled, it should submit the application for trademark registration at the same time, timely on the grounds that the quoted trademark has not been used for three consecutive years.

Finally, we need to know that if an enterprise is revoked its business license, it means that it has lost its business qualification and can no longer continue to engage in business activities unrelated to liquidation, but the enterprise still has the civil subject qualification, and the civil rights and interests such as the exclusive right of the trademark obtained according to law will not be extinguished because the license is revoked.

That is to say, for the enterprise that has revoked the business license, the State Trademark Office in the registered trademark extinction procedure for the enterprise registrant, the required materials are more strict, must have the liquidation resolution, the liquidation group qualification certificate, cancellation announcement and other information notarized documents, if only a revoked business license query information, the registration of the process of extinction of the registered trademark will not be supported.

After the company's business license is revoked, if the trademark transfer is to be realized, the enterprise can only apply to the original examination and approval department for cancellation of the company. In the cancellation procedure, the enterprise shall set up a liquidation team to liquidate the internal claims and debts, taxes, employees' wages, etc. According to the provisions of Article 185 of the Companies Act, the Liquidation team has the power to dispose of all business property, including trademark rights, in the liquidation stage. In such case, the party wishing to transfer the trademark may directly negotiate with the liquidation team on the transfer of the trademark and transfer the trademark in accordance with the normal procedures.

In general, before the company's business license is invalid, it is best to transfer the trademark out in advance!

Source: 32 Knowledge Association

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