1. Whether the transferred trademark is a valid trademark

When you find your favorite trademark and want to buy it, you should first check whether the legal status of the trademark is valid on the official website of the Trademark Office to understand the Whether the trademark exists, has been revoked or cancelled, etc.

2. Inquire and confirm the service life of the trademark

Article 39 of the Trademark Law stipulates that "the validity period of a registered trademark is ten years, calculated from the date of approval of registration." Fourth Article 10 stipulates that “If a registered trademark expires and needs to be continued to be used, the trademark registrant shall handle the renewal procedures in accordance with the regulations within twelve months before expiration; if it fails to do so during this period, a six-month extension period may be granted. . The validity period of each renewal of registration is ten years, starting from the day after the expiration of the previous term of the trademark. If the renewal procedure is not completed at the end of the period, the registered trademark will be cancelled."

For trademarks with renewal or extended periods, both parties must remember to stipulate in the contract their obligations for renewal. If the trademark has passed the extension period, the transfer will not be approved.

3. Licensing of the transferred trademark

The transferee should know clearly whether the transferor has given permission to other companies to use the trademark before transferring the trademark. According to Article 20 of the Interpretation on Several Issues Concerning the Application of Law in the Trial of Civil Trademark Disputes, “The transfer of a registered trademark shall not affect the validity of the trademark license contract that was in effect before the transfer, unless otherwise provided for in the trademark license contract. "That is, after the trademark is transferred, the licensee can still continue to use the trademark during the validity period of the license contract, which will have an adverse impact on the transferee of the transferred trademark. For the transfer of a trademark that has been previously licensed to others, it is best for the transferee and the transferee to reach an agreement on this issue to avoid unnecessary trouble in the future.

4. Whether the trademark has been pledged or frozen

Before transfer, the transferee needs to pay attention to whether the transferred trademark has been pledged or frozen. For a trademark that has been seized by the people's court or a trademark that has been registered as a pledge, the trademark may not be transferred without the consent of the people's court and the pledgee during the seizure period and the pledge period.

5. Whether the trademark has been transferred repeatedly

In order to defraud high trademark transfer fees, some criminals use fraudulent means of repeated transfer of trademarks to deceive transferees who are eager to obtain trademark certificates. people. Therefore, the transferee needs to investigate the authenticity of the trademark registration certificate provided by the transferor and whether the transferor is the trademark registrant, and whether the name of the transferor matches the name of the applicant on the official website of the Trademark Office.