Trademark transfer is a convenient way for people to obtain a trademark. It not only has an absolute advantage over trademark registration in terms of time, but also accounts for a large proportion in success rate. But pay attention to the details of all aspects of trademark transfer. Can a trademark that has not been used for three years be transferred? Obviously, this is not allowed. Once a trademark has not been used for three years, there are two ways to deal with it.

According to Article 49 of the Trademark Law of the People's Republic of China: If a registered trademark becomes the common name of goods approved for use or is not used for three consecutive years without justifiable reasons, any An organization or individual may apply to the Trademark Office to cancel the registered trademark. The Trademark Office shall make a decision within nine months from the date of receipt of the application. If it is verified that there are special circumstances and the original time is not enough, the time needs to be extended. At this time, as long as it is approved by the industrial and commercial administration department of the State Council, it can be extended for three months.

In addition, if a trademark has been used in the actual process, in terms of promotion, product sales, etc., then the relevant certificates must be kept and the evidence should be retained in case of trademark cancellation. reply. If a trademark is revoked by a third party and is intended to be registered for use by oneself, to some extent the trademark indicates that the trademark has potential value for use. The defense can be negotiated. If the defense is successful, the trademark will be patented or trademark licensed.

The above two situations only illustrate the general direction of the content. There are many details that need to be paid attention to, and these details also have far-reaching effects. After all, I would like to remind you again that a trademark that has been used for more than three years cannot be transferred. A trademark transferee must pay attention to this when transferring a trademark. If the trademark holder does not have sufficient knowledge in this regard, he may consult the Trademark Office or a trademark agency to determine whether the trademark is valid. At present, there are many such trademark agencies, and trademark transfer platforms like "Bajie Intellectual Property Trademark Transfer Network" are relatively trustworthy and have a good reputation.