Trademark is the symbol of an enterprise and a necessity for enterprise development, so enterprises need a trademark to express their identity. Therefore, corporate trademark purchase events have occurred, and there are risks in buying and selling. Businesses should keep these legal issues in mind when purchasing trademarks.
When purchasing a trademark, signatures, seals, and registration are the guarantees during the process, and must not be missing:
1. A power of attorney signed or sealed by the trademark transferee;
2. Trademark transfer application signed or sealed by the trademark transferor and transferee;
3. Business license (legal person)/ID card (natural person) of the trademark transferee ), individual industrial and commercial household registration certificate;
4. Copy of the trademark transferor’s business license (legal person)/ID card (natural person);
5. Trademark registration certificate/ A copy of the acceptance notice;
6. A copy of the trademark transfer agreement signed or sealed by the transferor and the transferee.
During the purchase of a trademark, not only these items can prevent risks, the buyer must also do the following review and confirmation work:
1. Confirm whether the trademark owner is Still exists?
Has the company where the trademark belongs been cancelled? If it is an individual, has the individual died? If the company is canceled or the individual dies for more than one year, the ownership of the trademark will disappear and such a trademark cannot be purchased.
Therefore, notarization of the declaration made in the transfer is a better way to confirm whether the owner still exists.
2. Confirm the status of the trademark and the registration stage of the trademark.
Some trademarks are in the preliminary announcement period, public objection period, review period, etc., which will seriously affect the value assessment of the trademark after transfer. Trademark agencies generally do not recommend purchasing such a trademark, because a trademark in this state cannot be guaranteed to be successfully transferred to the buyer's name, or the rights will be unstable.
However, if the buyer takes a fancy to the trademark, the trademark agent will also make suggestions based on the situation. The price will also be different, and different suggestions should be made based on the actual situation. The status of the trademark can be checked on the official website of the State Administration for Industry and Commerce. Buyers can also log in to the website in real time to consult the intellectual property staff. It is better to purchase a trademark from a professional trademark transfer website.
3. Confirm whether the trademark is licensed to others? Is it pledged?
In these cases, it is better to entrust professional intellectual property rights to confirm whether the trademark has been licensed to others before being transferred, and The time has not yet expired, or the trademark has been pledged or transferred before the transfer.