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Can a trademark under application be traded? What are the risks?
Release Time：
2022-08-26
At present, many people through the purchase of trademarks to obtain the right to exclusive use of registered trademarks, such advantages are short time, save trouble, that is to buy and use, favored by many bosses. Normally, the trademarks traded are trademarks that have been approved for registration. Can those trademarks that are still in application be traded? Is there any risk?
There are indeed some people in the market who have just submitted an application to trade, such as when Ding Zhen just exploded before, some people registered the "Ding Zhen" trademark, just get the application number, and offer 180,000 for sale! Can I buy such a trademark?
At present, laws and regulations do not prohibit the transfer and licensing of unregistered trademarks, and in fact, some courts have acquiesced. However, the legal and commercial risks for both the assignee and the licensee are enormous. Because such a trademark may not be approved for registration due to the lack of distinctiveness, infringement of prior rights and other legal obstacles. Even if the trademark is finally approved and registered, the process from the trademark application to the trademark approval and registration may cause trademark objections and make you tired. Therefore, the Association recommends that you do not buy this trademark that is still under application.
Before purchasing a trademark, be sure to check the trademark registration of the other party, if the transaction of the trademark is not registered at all, or has not been renewed in time when the expiration of the registration, or has been revoked or invalid according to law, there is no legal exclusive right to speak of the trademark, anyone has the opportunity to use the trademark, and even be registered by others. Thus interfering with the ownership or use rights obtained from the trademark transaction. Source: 32 Knowledge Association
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