The success rate of trademark transfer is higher than that of trademark registration, but it is not 100% successful. If there are factors that may cause the transfer to fail, the risk of trademark transfer should be prevented.
1. Investigation before trademark transaction
Trademark transaction is mainly the transfer and transfer of exclusive rights to trademarks. If a trademark is not registered or renewed in time upon expiration, there is no exclusive right to use the trademark, that is, the buyer cannot obtain ownership and use rights from the transaction. Therefore, it is very important to conduct trademark investigation before trademark transactions, including:
2. Investigation of trademark rights status
This includes investigating whether the trademark has been approved or is being registered, and whether the trademark use rights are When will it expire, whether the trademark will be revoked or renewed, etc. Only by determining the authenticity of the trademark registration and the stability of the power status can we further understand and decide whether to initiate a transaction.
3. Investigation of the actual use of the trademark
Detailed understanding of the goods or services specified by the trademark, whether the trademark is licensed, whether the right holder exceeds the approved use scope, etc. Additionally, we need to be aware that trademark elements may be copyrightable due to the originality of the work, and investigate whether those copyrighted elements are also in the hands of the trademark owner to avoid infringement.
4. Judgment of possible risks of trademarks
Understand whether the other party has the right to dispose of trademark rights, whether the trademark registration is valid, and even the registration category, name, graphics, etc. of the trademark traded by the seller Is it consistent?
For the registration and use of trademarks, we need to master every detail. If you encounter any problems during the use of trademarks, please feel free to consult Trademark Network. It is our honor to serve you!