Legal analysis: (1) Transfer the company’s trademark in a timely manner.
(2) If the trademark has not been transferred, the ownership of the trademark shall be determined according to the resolution in the liquidation report when the enterprise is deregistered.
(3) If the ownership of the trademark rights is not indicated in the liquidation report, all shareholders of the original company can handle the property that was omitted when the company was canceled and liquidated.
(4) According to the provisions of Article 47 of the "Regulations for the Implementation of the Trademark Law", if the trademark registrant dies or terminates, one year has expired from the date of death or termination, and the registered trademark has not been transferred. If the transfer procedure is not completed, anyone can apply to the Trademark Office to cancel the registered trademark.
(5) If a trademark is registered in the name of a company, then the trademark rights will no longer exist after the company is cancelled, and anyone can use the trademark.
Legal basis: Article 42 of the "Trademark Law of the People's Republic of China" transfers a registered trademark, the transferor and the transferee shall sign a transfer agreement and submit the same to the Trademark Office Make an application. The transferee shall ensure the quality of the goods using the registered trademark.
When transferring a registered trademark, the trademark registrant shall transfer all similar trademarks registered on the same goods, or identical or similar trademarks registered on similar goods.
For transfers that are likely to cause confusion or have other adverse effects, the Trademark Office will not approve the transfer and will notify the applicant in writing and explain the reasons.
After the transfer of a registered trademark is approved, it will be announced. The assignee shall enjoy the exclusive right to use the trademark from the date of announcement.
Article 73 of the "Regulations on the Implementation of the Trademark Law of the People's Republic of China" If a trademark registrant applies to cancel his registered trademark or cancel the registration of his trademark on some designated goods, he shall apply to the Trademark Office Submit a trademark cancellation application and return the original Trademark Registration Certificate.
If a trademark registrant applies to cancel its registered trademark or cancel the registration of its trademark on some designated goods, and the cancellation is approved by the Trademark Office, the exclusive right to use the registered trademark or the exclusive right to use the registered trademark will not apply to that part of the designated goods. The validity of the above shall terminate from the date when the Trademark Office receives its cancellation application.