Nowadays, the Internet market economy is developing very fast. In order to develop their competitiveness, many small and medium-sized enterprises will choose to register trademarks. This not only develops the potential value of the enterprise, but also launches brands to attract more consumers. Consumption, but there are also some companies that allow the original trademark holder to transfer due to convenience or optimism in trademark registration and trademark purchase. However, there are inevitable risks. Why is trademark transfer so difficult? In fact, trademark transfer is not difficult, but there are some factors that can cause trademark transfer to fail. The following editor will share with you!
There are four main factors for the failure of trademark transfer:
1. The trademark right is unstable. In the process of trademark transfer, it is actually the transfer of trademark ownership. If the trademark rights are unstable, it will directly lead to the failure of trademark transfer. Even if the trademark can be transferred, it cannot be put into commercial activities.
2. The trademark transfer materials are insufficient or wrong. Although the trademark transfer process is relatively simple, it also requires the preparation of corresponding materials. Insufficient or incorrect materials will directly lead to the failure of the trademark transfer review.
3. Trademarks are owned by multiple individuals. Some trademarks will be shared by multiple parties. In this case, they need to obtain the consent of all co-owners to ensure that all co-owners are willing to transfer their rights and interests, otherwise they will be invalid.
4. The seal is inconsistent or the license has not expired. If the seal of the registered trademark is different from the seal of the transferred trademark, or if the enterprise/business license with different trademark registrations does not participate in the annual inspection, the transfer will also fail.
5. The trademark registration certificate is invalid. This situation usually refers to a trademark registration that has expired and has not been renewed within a six-month extension, or has ceased to be used for three consecutive years; or a trademark has been canceled by the Trademark Office.
6. The private transfer modifies the text, graphics and combination of the trademark registration. Trademark registration has been approved and filed by the State Trademark Office, and users are not allowed to modify it without authorization. Trademark registrations modified privately shall not be transferred or protected by law.
7. Modify the name, address and other matters of the registrant without the consent of the relevant departments without completing the modification procedures. The name and address of the registrant are unique and confirmable. They are an important basis for confirming the owner of the exclusive right to trademark registration and cannot be modified at will. Private modifications are not protected by law.