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Collect! The company has cancelled, how to deal with the trademark?
Release Time：
2022-06-14
If the company is cancelled, can the trademark still be transferred? First of all, the answer is yes, after the company is cancelled, the trademark can still be transferred.
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Recently, Xiaobian often receives such a question - the company has cancelled, can the trademark be transferred?
First of all, the answer is yes, after the company is cancelled, the trademark can still be transferred.
For every company founder, at the beginning of the establishment of the company, most of them are full of passion, holding the idea of rolling up their sleeves to work hard to operate, but inevitably, some companies will be affected by factors such as the current situation, and eventually face closure, the company is written off. During the operation of the company, some assets will be generated, including trademarks. So the best way to deal with a trademark is usually
Is to make a transfer. So the company has been cancelled, can the trademark still be transferred? As Xiaobian said above, yes.
In accordance with Article 32 (1) of the Regulations on the Implementation of the Trademark Law of the People's Republic of China, where the right to exclusive use of a registered trademark is transferred for reasons other than inheritance, the party accepting the right to exclusive use of the registered trademark shall go through the formalities for the transfer of the right to exclusive use of the registered trademark with the relevant supporting documents or legal documents. It can be made clear that if the company cancels, the trademark can be transferred.
So, what exactly are the materials needed?
The following materials are required for normal cancellation:
1. Cancellation certificate and liquidation report (if no reservation, go to the local industry and commerce archives department to apply for file transfer), if the liquidation report has the disposal method of the trademark, it needs to be processed in accordance with the liquidation report; If the liquidation report is omitted, all members of the liquidation team need to sign the agreement agreeing to transfer.
2. The liquidation team's identification, usually ID card, and signature.
3. The power of attorney, due to the cancellation of the company, has no official seal and needs to be signed by all members of the liquidation team.
Simple logout requires:
1. All investors commitment letter
2. All investors agree to the transfer statement;
3. Investor identification documents are enough.
Expertise sharing
The Trademark Law of the People's Republic of China Article 11 The following marks shall not be registered as trademarks:
(1) having only the generic name, pattern or model of the commodity;
(2) directly expressing the quality, main raw materials, functions, uses, weight, quantity or other characteristics of the commodity;
(3) those lacking other distinctive characteristics.
The marks listed in the preceding paragraph may be registered as trademarks if they have acquired distinctive features through use and are easy to identify.
Source: Trademark circle
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