What are the risks of trademark transfer? What does the risk of trademark transfer generally mean? Xiaobian brought it to you? Trademark transfer risk? Related knowledge, which may be what you need. What are the risks in trademark transfer?
1. The trademark is licensed privately when the court has sealed it up and frozen it. For example? Edo? 、? IDALL? And other trademarks;
2. Before the bankruptcy liquidation of the enterprise, it was privately transferred to a third party by the former enterprise staff in violation of the Bankruptcy Law;
3. Privately transfer the trademark to a third party in violation of the agreement between the two parties. What are some enterprises? A mole? For mischief, shareholders privately transfer trademarks to their own separate companies;
4. After both parties signed the Trademark License Contract and filed it in the Trademark Office, the licensee privately transferred the trademark to his own name;
5. The distribution agent privately transfers the trademark of the principal to his own company name;
6. The registered agency privately registered the principal's trademark abroad and transferred it to a foreign company, which prohibited the domestic principal's products from being resold to foreign countries and triggered foreign-related litigation;
7. Privately transfer the trademark registered by others abroad to the name of their own domestic company, and prohibit the products of the original domestic trademark owners from being resold to that country;
8. Some illegal trademark offices pretend to sign without the consent of the holders, complete the transfer procedures and swallow the money. How to deal with the risks in trademark transfer?
There are mainly the following countermeasures to deal with the risk of trademark transfer:
(1) Understand the qualification of the firm. Since it takes 3-4 years for a trademark to be successfully registered and 6-12 months for a trademark to be transferred, the establishment year of a trademark office should be as long as possible.
(2) The transfer process must be sealed and authenticated by the Trademark Office. In the presence of both parties, go to the trademark office for filing with the Trademark Office to transfer the seal and notarize the trademark.
(3) choose the trademark you like before completing the transfer, otherwise you don't like it when you transfer it, resulting in a waste of manpower and material resources. Advantages of trademark transfer
Time compared with registered trademark: 1 year (trademark examination efficiency table) (Note: China Trademark Office does not specify the time for trademark registration, and the efficiency of trademark registration is directly related to the number of trademark applications in China, which is generally 1 year)
It takes about 6-1 months to transfer a trademark
It can be seen that transferring a trademark can save time and cost (increase by 2 times) at this time.
Comparison of success rate
Registered trademarks: According to China Trademark Network, the official website of the State Trademark Office, the total number of trademark applications in China in 25 was 593,382, while the actual approved registered trademarks were 218,731, with a success rate of only about 37%. Although the official website of the State Trademark Office? China Trademark Network? The trademark inquiry system has been made public, but there is still a blind inquiry period of 4-5 months. At the same time, there is a certain similarity in trademarks, so registered trademarks are risky.
Transfer of trademark: The risk is very small. The transferred trademark itself is a registered trademark approved by the State Trademark Office, and has been recognized by the State Trademark Office. Therefore, there is no possibility that the State Trademark Office will reject the trademark for approximate reasons. To transfer a trademark, only the transferor and the transferee need to file with the State Trademark Office through an agency, and the transferee can get the trademark registration certificate and have the ownership of the trademark.
It can be seen that trademark transfer greatly improves the success rate, minimizes the risk, and enables enterprises to quickly enter the branding process.
comparison of the value and meaning of trademarks registered trademarks: according to the latest statistics released by Xinhua News Agency, the total number of Chinese characters has exceeded 8,, while there are only about 3,5 commonly used words, which shows that there are not many meaningful phrases that can be combined into names. According to the statistics of the General Administration of Trademarks of China at the end of November, 25, there are 2,471,4 registered trademarks in China, and basically all the good Chinese character combinations have been registered. It is very difficult for an enterprise to apply for a trademark with a good name, and most enterprises are reluctant to register a trademark that does not highlight the enterprise itself and product characteristics. If the brand promotion is blocked because of the brand name, it will seriously affect the future development of the enterprise.
Transfer of trademarks: According to statistics, there are currently about 3, trademarks, which are idle due to the change of production of the original registrant's enterprises or other various factors. Generally, they can indirectly or directly represent product characteristics and are easy to popularize. It can be seen that it is very difficult to register a trademark that has certain meaning and is easy to remember, while buying a trademark can choose a trademark that is more in line with its own enterprise and has its own enterprise meaning.
the importance of trademarks
1. A trademark is a symbol of an enterprise, which can also be said to be a manifestation of corporate culture. Represents the image of a company. The protection of trademarks can protect the reputation and image of enterprises.
2. The trademark is the exclusive right to use. Protected by intellectual property law. It costs a certain amount of money to register a trademark and buy a trademark. Protecting your trademark from being used by others is actually protecting your property.
3. With the establishment of each famous brand, the trademark has become an appreciating commodity at the same time. When it becomes a big company, the trademark also appreciates. This is the expected value of the trademark.
comprehensive efficiency comparison of registered trademarks: it usually takes 2 to 3 years for an enterprise to apply for a new trademark and get a registration certificate; During this period, enterprises should produce, operate and sell products, and at the same time, they will do a lot of advertising, print internal and external packaging of products and build channels. The cost is calculated in hundreds of thousands. Once the registration fails, the loss to the enterprise is incalculable.
trademark transfer: an enterprise transfers a successfully registered trademark to its own name, so that it can own its own brand in the first time.
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