Current location - Trademark Inquiry Complete Network - Trademark inquiry - Does the trademark need to be transferred?
Does the trademark need to be transferred?
Baidu Yipin Intellectual Property 1, whether the transferred trademark is a valid trademark When you find a trademark you like and want to buy it, you should first check whether the legal status of the trademark is valid on the official website of the Trademark Office to find out whether the trademark exists, is revoked or is cancelled.

2. Verification of the term of use of a trademark Article 39 of the Trademark Law stipulates that "the period of validity of a registered trademark is ten years, counting from the date of approval of registration." Article 40 stipulates that "if a registered trademark needs to be used continuously after its expiration, the trademark registrant shall go through the renewal procedures in accordance with the regulations within 12 months before its expiration;" If it has not been handled during this period, it can be extended for six months. The validity period of each renewal registration is ten years, counting from the day after the last expiration of the trademark. If the renewal formalities are not completed at the expiration of the period, the registered trademark shall be cancelled. "For the transfer of a trademark that is being renewed or postponed, both parties should remember to stipulate the obligation of renewal in the contract. If the trademark has passed the grace period, then the transfer cannot be approved.

3. The licensee of trademark transfer should know whether the transferor licenses the trademark to other companies before transferring the trademark. According to Article 20 of the Interpretation on Several Issues Concerning the Application of Law in the Trial of Trademark Civil Disputes, "the transfer of a registered trademark shall not affect the effectiveness of the trademark license contract that has come into effect before the transfer, except as otherwise agreed in the trademark license contract." That is, after the trademark is transferred, the licensee can continue to use the trademark within the validity period of the license contract, which will adversely affect the transferee of the transferred trademark. For the transfer of trademarks previously licensed to others, it is best for both parties to reach an agreement on this issue to avoid unnecessary troubles in the future.