I believe that most friends think that the trademark field is a step-by-step matter, which is very simple, including transfer, license and other business. They think that as long as you follow a simple process, but I don’t know the routine inside. Be full of it, be careless, and get into trouble. Fortunately, many simple mistakes in trademark transactions can be resolved through due diligence. However, there are usually many netizens who encounter difficulties in this regard.

To crack the trademark trick, what are the most important tricks to understand first?

01. Whether the other party has the right to handle the trademark rights

After ascertaining the authenticity of the trademark registration, you also need to know whether the person you are dealing with has the right to handle the registered trademark. Is it registration? The right holder of a trademark (registrant and owner), is a specifically authorized agent of the right holder, or is a licensee who is allowed to transfer the authorization. If the trademark is owned by the owner, has it been approved by the owner?

You can check the trademark registration certificate, trademark transfer contract, purchase and sale authorization letter, or check the trademark announcement.China Trademark Network to find out who is the real owner of the trademark, and who has the right to transfer the trademark. License or Pledge etc.

02. When does the trademark application expire?

There is a time limit for trademark application. The time limit of my country’s Trademark Law is 10 years, but registration can be renewed after expiration. The key issue is that if the trademark application is about to expire, the relevant buyers and sellers should urge the trademark registrant to complete the renewal procedures. Especially before the transfer (the subsequent exhibition of the transfer is the transferee's own business), or during the pledge period, it is necessary to ensure that the trademark registrant renews the registration to avoid damaging its commercial rights and interests.

03. What are the products or services specifically used for the trademark?

The exclusive right of a registered trademark is limited to products or services that have been approved for use. Find out whether the right holder has exceeded the approved scope of application, issued a license or engaged in transfer, which may lead to trademark infringement and other issues, and the right holder has registered the same or similar trademark on products or services beyond the approved scope of application.

In addition, you must also check whether the products or business scope you want to use are consistent with the products or services specified in the other party's trademark application, and check the consistency between the other party's trademark application and your own business. This is also a Very important investigation content.

04. Who owns the trademark copyright?

Currently, there are many trademark components, including text, graphics, letters, data, three-dimensional logos, color combinations and sounds, as well as the combination of the above factors. combination. Graphic type. .Three-dimensional logos, sounds and text (such as advertising language) can meet the originality requirements of the content and enjoy copyright protection.

However, the rights to these trademarks do not necessarily reside in the hands of the trademark owner. For example, if a work is entrusted to others to create according to the requirements of rights law, in the absence of commitment, the rights belong to the creator. Therefore, if the trademark owner's trademark is created by commissioning others, even if the trademark has rights, it will be "someone else's", although the trademark owner can continue to legally use his trademark based on the effect of the commissioned creation.

05. There is no identical or similar trademark

Fake trademark transfer. In order to avoid future market chaos or even violate mandatory legal provisions, it is necessary to review and approve whether the other party has a trademark that is similar to the traded trademark. For commercial marks, further consider whether it is necessary to use these related defensive trademarks, joint trademarks and other commercial marks to be transferred together.

According to the relevant provisions of the Trademark Law, when a registered trademark is transferred, the trademark registrant shall transfer a similar trademark registered on the same product or an identical or similar trademark registered on the same product.

The third paragraph of this article stipulates that the Trademark Office shall not approve a transfer that is likely to cause confusion or other adverse effects, and shall notify the applicant in writing and explain the reasons. It can be seen that similar trademarks registered on the same or similar goods as the traded trademark, as well as identical trademarks registered on similar goods, should be transferred together. This is a mandatory provision of the Trademark Law, otherwise the transfer should be hindered by law.

Only by deeply understanding the routines of the trademark industry can we turn the corner and successfully obtain trademark rights.