Trademark withdrawal refers to the situation where a trademark has been revoked because it has not been used for three consecutive years. Trademark transfer is an act in which the trademark transferor transfers his own trademark and similar trademarks to the transferee by charging a certain amount of transfer fee. So can the trademark continue to be transferred after it is withdrawn? Strictly speaking, a trademark has no legal effect after being revoked, so even if it can be transferred, it is meaningless.

According to my country's Trademark Law, if a registered trademark is not used for three consecutive years without justifiable reasons, any unit or individual may apply to the Trademark Office of the State Administration for Industry and Commerce to cancel the registered trademark. Therefore, for trademarks that have been registered for more than three years during trademark transfer, the company needs to clarify the current status of the trademark and be sure to know whether the trademark has been in use in the past three years. If it has not been used, it needs to ask the reasons. The transferee must not transfer the trademark without it. After clarifying the status of the trademark, transfer the trademark.

Can trademark transfer be carried out for withdrawn trademarks?

Trademarks that are being revoked can still be transferred, but trademarks that are in the process of being revoked will have some problems during the trademark transfer. In fact, trademarks in danger of withdrawal are generally those that have not been used for three years, and the reasons why companies do not use the trademarks are unknown. Therefore, the transferee purchased a trademark with the third trademark withdrawn during the trademark transfer, which also had a great negative impact on the development of his own business.

But sometimes the withdrawal of the trademark for the third time is not what the trademark registrant wants, so how should the company respond when the trademark is withdrawn for the third time?

First of all, you should provide a product inspection report. This is a product certification report issued by an authoritative organization such as a quality supervision department or an industry association with high credibility. Because of the strict procedures, the product inspection report can be used as evidence of trademark use. , proving that the trademark owner has reasonably used the registered trademark in the past three years.

The second is contracts and agreements. Contracts and agreements are an important basis for trademark owners to participate in market economic activities, which usually require identification of the trademark. Assuming that the trademark owner licenses the trademark to others, both parties need to sign a corresponding trademark license contract, which is clearly stated in the contract. Logo trademark. In addition, the signed contract requires registration permission from the Trademark Office, so this aspect can also be used as evidence of the use of the trademark.

Invoice is a written proof of economic activities. Many times when purchasing or consuming goods, providing or receiving services, there is such a receipt and payment voucher. A valid invoice will not only have the name of the trademark or service filled in , and also records the details of the providers and recipients of goods or services. Therefore, the invoice is also one of the powerful evidences of the trademark.

The last is the materials used for publicity and promotion. Publicity and promotion inevitably require advertising, and trademarks usually occupy a very conspicuous position in advertisements. Whether it is paper advertisements or online promotions, trademarks are an indispensable symbol of an enterprise. As a basis for proving the use of trademarks, paper Advertising and promotion are also important evidence.

The above methods are the evidence that companies can produce when faced with the withdrawal of the trademark. Only when the trademark is not withdrawn can the trademark transfer be carried out, which is good for both the transferor and the transferee. A safer way.