Many people basically don't know about the problems that need to be paid attention to in the follow-up of trademark transfer. In fact, Bajie Xiaobian was vague before, but Bajie Xiaobian summed up some information after reading some materials, hoping to help you.

issues to be noted in the follow-up of trademark transfer:

1. Avoid not using a trademark for three consecutive years after registration

Article 49 of the Trademark Law of the People's Republic of China stipulates that if a registered trademark is not used for three consecutive years without justifiable reasons, any unit or individual may apply to the Trademark Office for cancellation of the registered trademark. Therefore, after obtaining the trademark, it should be actively maintained and operated to prevent it from being "revoked".

(1) How to determine the three-year period of "revocation"

Discontinuing the use of a registered trademark for three consecutive years means that a registered trademark ceases to be used during its validity period, and this behavior continues continuously for more than three years (from the date of approval of registration).

from the date when the registered trademark is stopped for three consecutive years, it shall be calculated forward for three years from the date when the applicant applies to the Trademark Office for cancellation of the registered trademark.

a. the transfer of trademark rights is not the use of trademarks.

B. the time base for being withdrawn after the transfer shall be counted from the date of approval of the trademark, not from the date of approval of the transferee.

C. The transferee should fully consider the risk of the trademark being revoked or disputed when accepting the trademark.

(2) Evidence of the use of service trademarks

The Trademark Office mainly relies on service contracts and invoices, which should specify the trademark name and service type, and take specific service items as the standard. Company publicity (such as website promotion) can also be used as evidence, but it can only be used as an auxiliary supplement. If only website information is supported by no evidence such as contracts and invoices, the Trademark Office will not recognize it. Evidence that can be used as a trademark has two characteristics: first, it is consumer-oriented; Second, it can show the real information and service introduction of the service referred to by the trademark.

for our trademark, we can use the following methods as evidence (based on the consideration of cost performance and feasibility):

a. Publicize the service in public publications such as periodicals, magazines or newspapers, and the publication date combined with the advertising content can be used as evidence. However, it should be noted that advertisements that are consumer-oriented and have the nature of invitation can only be used as evidence. If it is only a statement on the use of trademarks or a business invitation, it cannot be used as evidence.

B. advertisements set up in consumer-oriented public places, such as light box advertisements and street sign advertisements in subway stations, can also be used as evidence by combining the advertising contract with the advertising expense invoice. The two elements, the contract and the invoice, are indispensable. If you want to strengthen the utility, you can consider asking a notary to notarize.

C. exhibition evidence: exhibitions generally publish exhibition journals, and trademarks appearing in the journals can be used as excellent evidence. In addition, if trademarks can appear in exhibitions, photos taken at exhibitions can highlight trademarks and take exhibition scenes as the background to prove the shooting date of photos.

It is difficult to conclusively prove the use of the trademark with the evidence from one aspect above, so we should provide double evidence from at least two aspects. Specifically, we can adopt the following scheme:

Advertise trademark-related services in public publications, such as newspapers, every two years, and indicate the specific service content of the trademark and contact information, such as indicating the website (if the service has not been launched, you can only introduce the corresponding service on the website), and keep it and make it public. Every time a trademark pattern appears on the exhibition booth, we can take a few photos of the exhibition that highlight the trademark pattern and take wide-angle photos to prove that we did appear and publicize the trademark at the exhibition on that date, introduce the service in the brochure, and make the trademark pattern appear in the exhibition journal (the introduction of the trademark name and its service). The above two evidences can prevent the trademark from being "revoked" to a great extent, and further, we can ask a notary to notarize it. Further strengthen the validity of evidence

2. Reduce the risk of invalidation of trademarks

First of all, there is a prerequisite that trademarks that have been approved for registration will be protected by the Trademark Law. Suppose there are two similar trademarks that are both authorized. Although they are similar to each other, they are both authorized. No matter who is invalid in the future, it will be difficult. In the end, the most likely result is that they coexist and do not affect each other. To say the least, even if they will have an impact, they will limit each other's scope of use.

if it becomes a well-known trademark in the future, we can further protect the trademark according to the protection clauses of the well-known trademark in the trademark law, and the possibility that the other party will invalidate the trademark can be ignored. Therefore, in order to minimize the risk of trademark invalidation, important trademarks should be used to enhance the visibility of trademarks.

article 5 of the regulations for the implementation of the trademark law. in case of disputes in the process of trademark registration and trademark review in accordance with the provisions of the trademark law and these regulations, if the parties concerned think that their trademarks constitute well-known trademarks, they may request the trademark office or the trademark review and adjudication board to identify the well-known trademarks accordingly, reject the application for trademark registration in violation of article 13 of the trademark law or cancel the trademark registration in violation of article 13 of the trademark law. When applying, the parties concerned shall submit evidence that their trademarks constitute well-known trademarks. The Trademark Office and the Trademark Review and Adjudication Board shall, at the request of the parties concerned and on the basis of ascertaining the facts, determine whether their trademarks constitute well-known trademarks in accordance with the provisions of Article 14 of the Trademark Law.

if it is a service trademark, it should appear in service contracts and invoices at the initial stage as evidence of continuous use. At the same time, the publicity of the trademark should be increased, and the brand should be launched as soon as possible to reduce the invalid risk of the trademark. If it can become a well-known trademark, even if others apply in other commodity categories in the future, the Trademark Office will not approve it.

These are some follow-up questions that need to be paid attention to after trademark transfer. I hope the information summarized by Bajie Xiaobian can help you, and if you want to know more about other knowledge, you can also consult.