As an intangible asset of an enterprise, if a trademark is registered in the name of a company, its exclusive right to use the trademark naturally belongs to the company. However, if the company fails to handle the trademark transfer formalities in time before applying for cancellation, it should submit an application for trademark transfer to the State Trademark Office, so as to give full play to the value of the trademark. For the ownership of trademark rights, there will be a liquidation report when the enterprise cancels. If there is a clear agreement in the report, it will be carried out according to the agreement. If there is no agreement, all shareholders of the original company can treat intangible assets such as trademarks as missing property when the company cancels liquidation. If the trademark has been transferred by a good buyer before the cancellation of the company, this result is the best. If no new buyer can be found all the time, the trademark transfer will be carried out in the following ways: 1. Ownership by a shareholder: after the cancellation of the company, the assets of the company that were disposed of in the past should be owned by its shareholders * * *; Within the scope of inheriting the company's assets, its shareholders continue to be responsible for the company's outstanding debts. 2. Transfer to personal name: The trademark can be transferred to personal name by trademark transfer for subsequent use or other means. 3. Transfer to other companies: If the enterprise has other companies, it can be transferred to the name of other companies. 4. Selling trademarks: trademarks have value, and enterprises can sell trademarks before the company is cancelled through trademark transfer. 5. Trademark transfer: for example, the successor of rights and obligations after the merger, division or restructuring of an enterprise, the shareholders or investors who inherit their rights and obligations after the cancellation of the enterprise, and the compulsory transfer to the new obligee according to the court ruling. Legal objectivity:
Article 42 of the Trademark Law states that if a registered trademark is assigned, the assignor and the assignee shall sign an assignment agreement and apply to the Trademark Office together. The transferee shall guarantee the quality of the goods using the registered trademark. Where a registered trademark is transferred, the trademark registrant shall transfer the similar trademark registered on the same commodity or the same or similar trademark registered on similar commodities. The Trademark Office shall not approve the transfer that may easily lead to confusion or have other adverse effects, and notify the applicant in writing and explain the reasons. After the transfer of a registered trademark is approved, it shall be announced. The transferee shall enjoy the exclusive right to use the trademark from the date of announcement.