First, be sure to check the real identity information of the seller.
if the registered trademark is an individual, be sure to check the other party's ID card and individual business license. If it is an enterprise, you can check the paper business license of the other party.
The name and address on the business license of the enterprise transferor must be consistent with the name and address on the registered trademark of the transferred enterprise. If they are not consistent, the Trademark Office will directly reject your application.
you must be on guard against some criminals who impersonate the trademark registrant to defraud your property. Before the trademark is transferred, you need to check whether the trademark has a transfer process, and now whether the owner of the trademark is consistent with the transferor.
second, inquire about the use of the transferred trademark.
1. To check whether the trademark status is valid, it must be a successfully registered trademark, and if it is still in application, it should also indicate the responsibilities and risks in the agreement. If the trademark has been challenged or revoked by others before, trademark disputes may arise in the later stage, and there are certain risks after purchase.
2. inquire how long the validity period of the transferred trademark is. Generally, it takes 6-12 months for the trademark to be transferred, and it needs to be renewed after the trademark expires.
3. inquire whether the transferred trademark is pledged.
4. inquire whether the transferred trademark is licensed to others.
Third, similar trademarks must be transferred together
According to the second paragraph of Article 25 of the Regulations for the Implementation of the Trademark Law of China, if a registered trademark is transferred, the trademark registrant shall transfer the same or similar trademarks registered on the same or similar goods together; If it is not transferred, the Trademark Office shall notify it to make corrections within a time limit; If it fails to make corrections within the time limit, it shall be deemed as giving up the application for transferring the registered trademark, and the Trademark Office shall notify the parties concerned in writing.
when buying a trademark, you must check the bottom carefully, and you can entrust a professional to buy it, or notarize it before buying it to ensure that your legitimate rights and interests will not be violated.
iv. Is the trademark copyrighted
There are many elements of a trademark, including words, graphics, letters, numbers, three-dimensional signs, color combinations and sounds, and the combination of the above elements. Among them, graphics, three-dimensional signs, sounds and words (such as advertising language) may all involve copyright ownership.
although the trademark registrant has the trademark right to the traded trademark, it does not necessarily have the copyright to the constituent elements in the trademark. Before buying a trademark, we must make a clear investigation to see if the trademark is copyrighted and who owns it, so as to avoid unnecessary disputes in the future.
To sum up, when we handle the trademark transfer, both parties must first apply to the Trademark Office for transfer, and go through the transfer procedures through formal channels. Because the Trademark Office is very strict, even if the signed transfer agreement is not approved by the Trademark Office, the trademark right still belongs to the transferor!