As the implementation of the national intellectual property strategy continues to deepen, the trademark awareness of various market entities and the emphasis on brands continue to increase. In recent years, the number of trademark registration applications has increased at a rapid rate. Registration applications and The enthusiasm for using trademarks continues to increase. At the same time, there are still a large number of trademarks that have not been effectively utilized and are idle, resulting in a large waste of effective trademark resources. According to estimates by relevant professionals, the proportion of idle trademarks in my country is about 50%, and idle trademarks are in urgent need of activation.

So, what exactly is an idle trademark transfer, and how is an idle trademark defined?

The so-called idle trademark refers to the original acquisition and inheritance of an idle trademark by a natural person, legal person or other organization. A registered trademark that has not been used or has ceased to be used for three or more consecutive years after obtaining the exclusive right to use the trademark through acquisition channels. The validity period has not yet expired or the registration has been renewed and is still within the validity period.

There are many reasons for idleness

With the favorable economic situation and policies of the country, entrepreneurial companies continue to emerge, and the demand for trademarks is increasing. Why is there still such a situation? Many idle trademarks cannot be used? The large number of idle trademarks in our country is not caused by a single reason, but a comprehensive result of many aspects under the current economic situation. It can be divided into the following categories:

1. At present, Fierce market competition, economic structural adjustment, restructuring and reorganization of enterprises, suspension of production and bankruptcy and other factors have caused enterprises to abandon their trademarks, and the trademark registrant's "existence in name only" has caused the trademark to remain idle. At the same time, because enterprises lack sufficient understanding of registered trademarks, they fail to realize the intangible value of trademark assets and fail to effectively transfer them in a timely manner.

Second, companies take defensive or protective measures to register multiple trademarks that are not currently in use. The company registers too many trademarks, resulting in excess savings and a large amount of idle goods. The phenomenon of multiple trademarks for one company is common. Many companies register trademarks for all categories in order to protect the exclusive rights of trademarks, but in fact only use one or part of the trademarks, leaving the rest of the trademarks idle. Or some companies register multiple trademarks for similar products, and end up using only one or two representative trademarks. The low usage rate causes other trademarks to lie idle.

Thirdly, since the official does not strictly examine the qualifications of applicants, and the law does not force registrants to use trademarks, some trademark registrants with evil intentions engage in speculation and maliciously register trademarks. Awaiting price.

Fourthly, the functional departments’ methods of feedback on idle trademark information are relatively backward, and they fail to effectively carry out matchmaking work for idle trademarks. The lack of necessary trading platforms restricts the timely transfer of idle trademarks, resulting in the long-term “unused trademarks”. Leave it in a deep alley and no one will hear it."

Idle trademarks are very harmful

If a trademark is shelved and cannot be effectively used, it will have a negative impact on the trademark owner, the enterprise, and the development of the national trademark cause. If a trademark is idle A hundred harms and no benefit.

First, the number of commonly used Chinese character combinations is limited, and idle trademarks will occupy limited resources, resulting in a waste of limited trademark resources and not conducive to the standardized management of trademarks.

Second, there are a large number of idle trademarks. If they cannot be revoked in time, it will greatly increase the workload of trademark examiners, thereby reducing the efficiency of trademark examination.

Thirdly, the existence of idle trademarks will also limit the normal trademark registration needs of enterprises and be unfair to normal trademark applicants. With the gradual reduction of trademark resources, there will be a huge burden of trademark applications. obstacle.

Fourthly, for the right holders of idle trademarks, idle trademarks not only have no income, but also require investment of time and money in maintenance, which is thankless and causes certain mental distress to the right holders.

How to revitalize idle trademarks

Some people compare idle trademarks to a mountain of treasures to be developed, and this is true. For enterprises, a valuable and good trademark can quickly increase product visibility and corporate brand in a short period of time. When a trademark is left idle, the value of the trademark is buried. Currently, there are two main ways to revitalize idle trademarks: trademark transfer and trademark licensing:

First, trademark transfer. Article 42 of my country’s Trademark Law stipulates that the owner of a registered trademark may transfer its registered trademark to others within the scope permitted by law.

Selling abandoned and idle trademarks to enterprises in need not only allows enterprises to obtain the desired trademarks conveniently and quickly, but also enables the holders of idle trademarks to obtain economic benefits and maximize the value of idle trademarks. The buyer and the seller freely negotiate and sign a transfer agreement, and then both parties submit an application to the Trademark Office of the State Administration for Industry and Commerce, which will be announced after approval by the Trademark Office.

Secondly, trademark licensing. Article 43 of my country’s Trademark Law stipulates: “A trademark registrant may authorize others to use its registered trademark by signing a trademark license contract.” In other words, the holder of an idle trademark can sign a trademark license contract by signing a trademark license contract. In this way, others are authorized to use the trademark for a fee, and then the trademark owner reports the trademark use license to the Trademark Office for filing to prevent the occurrence of infringement, and finally the Trademark Office announces it.

In fact, whether it is the transfer of idle trademarks or the licensing of idle trademarks, it should be based on a fair, equitable and open trademark trading platform. Only in this way can the transaction be convenient, fast and efficient for both parties. Complete the docking and achieve a win-win situation between supply and demand.

Actively carry out the revitalization of idle trademarks, turn idle trademarks into treasures, and create a magical effect of turning decay into magic. Not only can it fully tap its huge commercial value and maximize the rational use of trademark resources, it can also promote trademark registration, operation, management and protection, create value for enterprise development and social progress, and make my country's trademark cause more perfect. , develop in a healthy direction and become the driving force for economic development.