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Can the trademark still be used if the company goes bankrupt?

In real life, most companies have registered trademarks, but unfortunately, due to poor management, the company faces bankruptcy, and the company eventually goes bankrupt. Many people don’t know what happens to trademarks when a company goes bankrupt. What impact. So if the company goes bankrupt, can the trademark still be used? After reading the following content, it will definitely be helpful to you. 1. Can the trademark still be used after the company goes bankrupt? If the company goes bankrupt, the trademark will not be affected and needs to be transferred immediately. If the company has been canceled for more than one year and the trademark has not been transferred, it will also cause the trademark to become invalid.

2. Forms of trademark transfer The forms of transfer of registered trademarks include contract transfer, inheritance transfer and transfer due to administrative orders. 1. Contract transfer refers to the transfer of a registered trademark by signing a transfer contract or agreement between the transferor and the transferee. 2. Inheritance and transfer means that when an individual or an individual industrial and commercial household registered in accordance with the law dies or becomes incapacitated, the legal heir inherits his or her registered trademark. 3. Trademark transfer due to administrative orders refers to trademark transfer that occurs after a court or other public authority makes a judgment on trademark ownership. Note that in practice, a large number of trademark transfers are registered by contract. If a registered trademark is transferred by agreement, the transferor and the transferee shall sign a transfer agreement and submit a transfer application to the Trademark Office at the same time. The transferee shall ensure the quality of the goods using the transferred trademark. If a registered trademark is transferred due to inheritance, donation, inheritance, etc., the party accepting the exclusive right to the registered trademark shall submit a transfer application to the Trademark Office. When submitting an application, relevant supporting documents or legal documents should be attached to prove that it has the right to inherit the exclusive right to the registered trademark. When transferring a registered trademark, similar trademarks in the name of the registrant on the same goods, or identical or similar trademarks on similar goods, should be transferred together. The Trademark Office will not approve transfers that are likely to cause confusion or have other adverse effects. The trademark transfer that is approved after review will be announced by the Trademark Office, and the transferee will enjoy the exclusive right to use the trademark from the date of announcement.

3. What is the content of the exclusive right to register a trademark? First, the registrant’s right to use it himself. Trademark registrants have full rights to use their registered trademarks. First of all, registrants can use their registered trademarks on goods or services approved by the Trademark Office according to their own wishes without violating legal provisions, and no other person may interfere. Secondly, the registrant has the right to advertise its registered trademark and can also use its registered trademark for advertising. Finally, unless the registrant's registered trademark is revoked by the Trademark Office due to violation of the law, or the trademark is canceled by the Trademark Office because the validity period exceeds the extension period and is not renewed, no other person may deprive the registrant of the exclusive right to use the registered trademark, nor may he force the transfer of the exclusive right to use the registered trademark. rights may be used by others. Second, the right to exclude others from use. A trademark registrant has the exclusive right to use its registered trademark, that is, no one else may use the same or similar trademark on the same or similar goods without the registrant's permission. The use of an identical or similar trademark to the registrant's trademark on the same or similar goods without the registrant's permission constitutes a violation of the registrant's right to require the infringer to stop the infringement and compensate for the economic losses caused to the registrant. Administrative agencies may impose fines on infringers. Anyone who registers a crime by impersonating another person shall, in addition to compensating the economic losses of the infringed party, be held criminally responsible in accordance with the law. Third, the right to transfer. The owner of a registered trademark has the right to transfer his registered trademark with or without compensation by signing a transfer contract. Transferring a registered trademark is actually transferring the exclusive right to register a trademark. According to the provisions of my country's Trademark Law, to transfer a registered trademark, an application must be submitted to the Trademark Office, and the Trademark Office will make an announcement after approval. Fourth, grant permission to others to use. The trademark registrant has the right to license others to use the trademark by signing a licensing contract. According to the provisions of my country's Trademark Law, licensed trademark use must be filed with the Trademark Office, and the text of the filing license contract must be submitted to the Trademark Advertising Section of the local Industry and Commerce Bureau for review. In summary, it can be seen that if the company goes bankrupt, the trademark will not be affected and needs to be transferred immediately. If the company is canceled for more than one year and the trademark is not transferred, the trademark will also become invalid. The above is to bring you relevant knowledge about whether the trademark can still be used after the company goes bankrupt.