Second, knowing the legal status of a trademark in advance analyzes the validity period, service life, license, pledge or freeze, repeated transfer and other aspects of the trademark.
1. Is the transferred trademark a valid trademark? When you find a trademark you like 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 find out whether the trademark exists, is revoked or cancelled.
2. Verification of the term of use of a trademark Article 39 of the Trademark Law stipulates that "the period of validity of a registered trademark is ten years, counting from the date of approval of registration." Article 40 stipulates that "if a registered trademark needs to be used continuously after its expiration, the trademark registrant shall go through the renewal procedures in accordance with the regulations within 12 months before its expiration;" If it has not been handled during this period, it can be extended for six months. The validity period of each renewal registration is ten years, counting from the day after the last expiration of the trademark. If the renewal formalities are not completed at the expiration of the period, the registered trademark shall be cancelled. "For the transfer of a trademark that is being renewed or postponed, both parties should remember to stipulate the obligation of renewal in the contract. If the trademark has passed the grace period, then the transfer cannot be approved.
3. The licensee of trademark transfer should know whether the transferor licenses the trademark to other companies before transferring the trademark. According to Article 20 of the Interpretation on Several Issues Concerning the Application of Law in the Trial of Trademark Civil Disputes, "the transfer of a registered trademark shall not affect the effectiveness of the trademark license contract that has come into effect before the transfer, except as otherwise agreed in the trademark license contract." That is, after the trademark is transferred, the licensee can continue to use the trademark within the validity period of the license contract, which will adversely affect the transferee of the transferred trademark. For the transfer of trademarks previously licensed to others, it is best for both parties to reach an agreement on this issue to avoid unnecessary troubles in the future.
4. Before the trademark is pledged or frozen, the transferee needs to pay attention to whether the transferred trademark has been pledged or frozen. The trademark sealed up by the people's court and the trademark registered by pledge shall not be transferred without the consent of the people's court and the pledgee during the period of sealing up and pledge.
5. Has the trademark been transferred repeatedly? In order to defraud the high trademark transfer fee, some lawless elements cheat the transferee who is eager to obtain the trademark certificate by fraudulent means of transferring the trademark for many times. Therefore, the transferee needs to investigate the authenticity of the trademark registration certificate provided by the transferor, whether the transferor is a trademark registrant, and whether the name of the transferor is consistent with the name of the applicant in the official website of the Trademark Office.
3. Identical or similar trademarks shall be assigned at the same time. Paragraph 2 of Article 25 of the Trademark Law stipulates: "Where a registered trademark is transferred, the trademark registrant shall transfer the same or similar trademarks registered on the same or similar goods at the same time." The application for the transfer of a registered trademark shall not cause misidentification, confusion or other adverse effects. Otherwise, the trademark transfer application will not be approved by the Trademark Office.
Four. Whether the relevant certification documents of both parties to the transfer are valid.
1、
If both parties are companies, they need to provide a valid business license to prove the normal operation of the company. If both parties or one party is an individual, a valid copy of the ID card is required. If an enterprise cancels or an individual dies and fails to go through the trademark transfer formalities within one year from the date of cancellation or death, it can no longer go through the trademark transfer formalities, and its trademark ownership naturally disappears.
2. The unsynchronized change of trademark address and enterprise name will lead to the rejection of trademark transfer. According to Article 41 of the Trademark Law, "if a registered trademark needs to change the name, address or other registered items of the registrant, an application for change shall be filed." If the transferor's business license and address have been changed, but the trademark change procedures have not been completed, the Trademark Office will request to make corrections on schedule after submitting the trademark transfer application. If it fails to make corrections within the time limit or fails to make corrections as required, the transfer will be rejected or deemed to be abandoned. The information on the business license needs to be consistent with the information on the trademark certificate. Therefore, if the business license or address of the transferor is changed, the address or enterprise name on the trademark registration certificate shall be changed at the same time. Otherwise, the application for trademark transfer will be rejected. In addition, the seal or signature of the transferee and the transferee shall be consistent with the seal or signature when applying for the trademark.
Did the verb (abbreviation of verb) submit a notarial certificate? In the current practice of trademark transfer, the Trademark Office does not force the submission of a notarial certificate of transfer. When examining the transfer, the examiner thinks that the transferor's signature or official seal is inconsistent with the application or there are other doubts, and will issue a notice of correction and require the submission of a notarial certificate. The best way to transfer a trademark is to go to a notary office to notarize the declaration of trademark transfer, especially trademark transfer. Notarization can prove that the transferor's intention is true and the subject qualification is qualified, which is conducive to protecting the legitimate rights and interests of trademark buyers and enhancing the trust of both parties. Through notarization, we can promote the honesty and credibility of notarized parties when transferring trademarks, prevent fraud and false transfer, and avoid losses as much as possible, thus protecting the legitimate rights and interests of both parties and avoiding unnecessary disputes.