Current location - Trademark Inquiry Complete Network - Trademark inquiry - Limitation of prosecution after cancellation of the company
Limitation of prosecution after cancellation of the company
1. What is the limitation of prosecution after the cancellation of the company?

1. The limitation of prosecution after the cancellation of the company is three years. If the company is revoked, it shall bear the relevant responsibilities before revocation within the time limit for prosecution. The cancellation of a company refers to the process that a company needs to apply to the registration authority for cancellation and terminate its legal person status when it declares bankruptcy, is acquired by other companies, the prescribed business term expires or the company is dissolved internally;

2. Legal basis: Article 188 of the Civil Code of People's Republic of China (PRC).

The limitation period for requesting protection of civil rights from the people's court is three years. The limitation of action shall be counted from the date when the creditor knows or should know that the right has been damaged and the debtor knows it. However, the people's court shall not protect the rights that have been damaged for more than 20 years. Under special circumstances, the people's court may decide to extend the period upon the application of the creditor.

Two, how long after the cancellation of the company's trademark is invalid.

Generally, it is 3 years, and trademarks that have not been used for 3 years will be revoked. Generally, the Trademark Office will not deliberately inquire. However, if a registered trademark has not been used for three consecutive years, anyone may apply to the Trademark Office of the State Administration for Industry and Commerce for cancellation of the registered trademark. After accepting the application for revocation, the State Trademark Office will send a letter to inform the registrant to provide evidence of use within the statutory time limit. If it is not provided in time, the trademark will be revoked.

After the cancellation of the company, the trademark can be transferred. Trademark transfer must be carried out within the validity period of the trademark. Once the trademark expires, the trademark becomes invalid. Trademark transfer is very important in enterprise trademark management. If the enterprise wants to cancel, it is best to submit an application for trademark transfer before the enterprise cancels. However, the trademark transfer cycle is longer. Some enterprises submit trademark transfer applications and then cancel their enterprises. However, the enterprise was cancelled, the trademark transfer failed, and the trademark was still under the original company name.