What problems should be paid attention to in trademark transfer?-Q&A.-Shenzhen deep trust patent Agency Co., LTD

News Updates

NEWS CENTER

Related News

There is currently no data available

Home

What problems should be paid attention to in trademark transfer?

Release Time：

2022-07-05

Trademark is a weapon of enterprise development and plays an irreplaceable role on the road of enterprise development and growth. At present, whether it is in Tmall, Jingdong, Tiktok and other e-commerce platforms to open stores, or settled in large business super, you need to use trademarks, in order to quickly develop business, many people choose to obtain registered trademarks through trademark transfer.

Trademark transfer is convenient for us to obtain the right to use the trademark as soon as possible, but at the same time, there are some risks, we need to pay more attention to when transferring:

1. Whether the transferred trademark is a valid trademark

Before the transfer of a trademark, it is necessary to check the status of the trademark, whether it is revoked or cancelled, and confirm that it is a valid trademark before it can be transferred.

2. Remaining service life of the trademark

The trademark is valid for 10 years from the date of approval of registration, after which the trademark needs to be renewed to continue to use, otherwise it will face the risk of cancellation. Therefore, before the transfer, the assignee should inquire about the remaining service life of the transferred trademark, and for the trademark that is in the renewal period or the extension period, the transferor should handle the renewal procedures as soon as possible. Generally speaking, the higher the remaining useful life of the trademark, the higher the price.

3. Licensing of trademarks

In addition to the transfer of a trademark, the transferor may also authorize others to use its registered trademark by signing a trademark license contract. Even if the trademark is eventually transferred, the licensee may continue to use the trademark during the validity of the license contract. Therefore, the assignee should know whether the trademark has been licensed to other companies before the transfer, so as not to harm its own interests.

4. Whether the trademark is pledged

Without the consent of the people's court and the pledgee, a trademark sealed up by a people's court or a trademark registered as a pledge may not be transferred during the period of sealing up or the period of pledge.

5. Whether the trademark has been transferred repeatedly

In order to avoid fraud by criminals through repeated transfer of trademarks, the assignee should inquire whether the trademark has been transferred before the transfer of information to prevent being cheated.

6. The trademark office transfer approval procedures

For trademark transfer, after the two parties sign the "transfer Agreement", it is necessary to obtain the approval of the trademark Office transfer procedures, if not obtain this procedure, even if the transfer payment has been paid, the trademark ownership is still in the name of the transferor, the assignee has not obtained the legally recognized trademark ownership, facing huge legal risks.

The transfer of trademark is a flexible allocation of trademark resources, which is beneficial to both the transferor and the assignee. The transfer of a trademark usually takes 6-10 months, and obtaining a trademark through trademark transfer is much less time-consuming than registering a trademark. However, we can not blindly seek fast, there are many risks and matters needing attention in the process of trademark transfer, but also we can not ignore!

Source: Gold name label

More intellectual property related issues, welcome your scan code consultation! Have questions must answer yo ~ Deep credible is willing to use professional and focus, to provide you with high-quality and efficient intellectual property agency services!

咨询微信.jpg

More information and services

The official subscription number of "Deep Trusted Intellectual Property Rights" on the code

官方订阅号.jpg

More deeply trusted dynamic news, important data/reports, authorized cases, etc

Code on the concern [deep trusted intellectual property service platform] official service number