There are certain risks in the transfer of trademarks. What are these trademark transfer risks? How to avoid trademark transfer risks? The editor has brought you relevant knowledge about "trademark transfer risks", which may include There is what you need. What are the risks in trademark transfer?

1. Trademarks that have been sealed and frozen by the court have been privately licensed for use, such as ?爱多?, ?IDALL? and other trademarks;

2. Before the bankruptcy and liquidation of the enterprise, the former employees of the enterprise secretly transferred the trademark to a third party in violation of the Bankruptcy Law;

3. The trademark was transferred privately to a third party in violation of the agreement between the two parties. Some enterprises are? As a result, the shareholder secretly transferred the trademark to a separate company;

4. After the two parties signed the "Trademark Use License Contract" and filed it with the Trademark Office, the licensee privately transferred the trademark to Under his own name;

5. The distribution agent privately transfers the agent's trademark to his own company's name;

6. The registered agent company privately transfers the agent's trademark Trademarks are preemptively registered abroad and transferred to foreign companies, prohibiting the domestic agent's products from being sold abroad, and triggering foreign-related litigation;

7. Privately transfer others' trademarks registered abroad to themselves Under the name of a domestic company, the products of the original domestic trademark owner are prohibited from being sold to that country;

8. Some illegal trademark firms pretend to sign without the consent of the holder, complete the transfer procedures, and swallow money. How to deal with the risks in trademark transfer?

To deal with the risks of trademark transfer, there are mainly the following countermeasures:

(1) Understand the qualifications of the firm. Since it takes 3 to 4 years for a successful trademark registration to be issued, and about 6 to 12 months for trademark transfer, the founding year of the trademark office should be greater than these times.

(2) The transfer process must have the seal and certification of the Trademark Office. In the presence of both parties, go to the trademark office registered with the Trademark Office to transfer the seal and do trademark notarization.

(3) Select your favorite trademark before completing the transfer, otherwise you will not like the transferred trademark, resulting in a waste of manpower and material resources. How to avoid trademark transfer disputes

1. Trademark transfer must be approved by the National Trademark Office.

2. If the trademark transferor registers several identical or similar trademarks on the same or similar goods, they should transfer them together.

3. The trademark transferor should transfer all the exclusive rights of the registered trademark and is not allowed to transfer part of the goods designated for protection by the registered trademark.

4. The assignee of a registered trademark used for medicines, cigarettes, newspapers and magazines should produce valid certification documents approved by relevant departments for operation.

5. If the trademark transferor is licensing others to use its registered trademark, it must obtain the consent of the licensee before transferring it to a third party.

6. In trademark practice, it is best for the transfer contract signed by both parties to be notarized by a notary office and then submitted to the Trademark Office for review. How to resolve trademark transfer disputes

1. If the dispute is caused by the company's own internal problems, it falls into the category of civil legal disputes, and the parties need to protect their rights and interests through judicial litigation procedures.

2. If the trademark transfer application is in the transfer review process of the Trademark Office, the Trademark Office will give the party a reasonable time limit to handle it;

3. If the trademark dispute involves When it comes to legal authority issues, the parties concerned can only apply for evidence preservation measures from the court to temporarily freeze the enforcement of rights after the trademark is transferred, and finally resolve the dispute through the litigation process.

4. If the trademark is illegally transferred such as counterfeiting or counterfeiting, the local public security department needs to conduct a criminal appraisal and then go through judicial procedures.

5. If the Trademark Office refuses to accept the application or disapproves the application, the parties may resolve it through the State Administration for Industry and Commerce or administrative litigation.

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