According to the current trademark practice, China's trademark law and implementation regulations only give the trademark office the power to approve the trademark transfer application, but do not stipulate the responsibility for its improper approval. Due to the lack of proper supervision of administrative power, administrative organs often have the right but no responsibility, and the power of the Trademark Office to approve trademark transfer applications is almost unrestricted, which provides an opportunity for criminals.

It is precisely by taking advantage of legal loopholes that some lawless elements forge the seal and signature of the trademark owner, transfer the registered trademark of others to themselves or a third party designated by them, and apply to the Trademark Office for relevant procedures to defraud them? Legal? Coat.

After obtaining the registered trademark of others by illegal means, criminals often transfer or license the trademark to others to earn economic benefits, while the original trademark owner is kept in the dark and suffers huge losses; Or ask the original trademark owner for a high reward in exchange for the trademark, and threaten to sue him for trademark infringement if he is rejected. If the original trademark owner takes it as the defendant to file a lawsuit to confirm that the trademark transfer is invalid, they will run away and never appear in court, and the court will not be able to serve them with litigation materials, which brings many difficulties to the court in hearing such cases.

At the same time, some rights holders think that litigation is too troublesome, which is not only time-consuming and labor-intensive, but also pays legal fees, investigation and evidence collection fees and other litigation expenses, so they have to swallow the demands of criminals and transfer their own trademarks to themselves after paying them a sum of money.

It is precisely this weakness of the trademark owner that some lawless elements have taken a fancy to, and the amount demanded is generally roughly equivalent to the amount paid by the trademark owner for litigation, trying to induce the trademark owner to settle the case peacefully by paying the transfer fee. For those trademarks with important value or high popularity, they ask for high transfer fees. What problems should be paid attention to in the transfer of registered trademarks

1. It is worth noting that the trademark transfer application procedures should be handled by the transferee. The transferor has no legal obligation to handle the trademark transfer application procedures, but both the transferor and the transferee have the obligation to file an application for trademark transfer with the Trademark Office. If one party's behavior makes this application impossible, it should be responsible and compensate the other party for the losses caused thereby.

2. In order to prevent disputes, it is best to sign a written contract in daily economic exchanges; Ask for written proof when delivering relevant property or paying money; When some specific property ownership (such as trademark rights) is transferred, if the law requires specific procedures, the relevant procedures must be handled in time. What materials are needed for the transfer of a registered trademark?

To apply for trademark transfer, the following documents must be submitted to the Trademark Office:

1. An Application for Trademark Transfer, which should be stamped with the seals of the applicant and the assignee;

2. the power of attorney for trademark transfer stamped by the transferee;

3. A copy of the transferee's Business License;

4. Pay the trademark transfer application and other fees as required (trademark transfer fee: 1 yuan);

5. If you entrust a professional organization to apply, you still need to pay some fees (the fees will be fixed by the entrusting organization); Recommended reading: What are the reasons for revoking a registered trademark?

the trademark office has the right to revoke its registered trademark if the trademark owner violates the provisions of the trademark law in the following circumstances.

The cancellation of a registered trademark mainly includes the following aspects:

First, illegal sale and printing of trademark marks.

second, shoddy goods cheat consumers.

third, changing the words, graphics or their combination of a registered trademark on its own.

fourth, it has been stopped for three consecutive years.

fifth, changing the name, address or other registered items of a registered trademark on its own.

sixth, the trademark license contract is not filed.

seventh, transferring a registered trademark by itself.

In addition, the Trademark Review and Adjudication Board will make a final ruling on the cancellation of disputed registered trademarks and improperly registered trademarks in accordance with the Trademark Law.

final ruling on revocation of a registered trademark The Trademark Office shall make a decision on a registered trademark that has been revoked in violation of the provisions of the Trademark Law and make an announcement. The Trademark Office shall notify the trademark registrant and the local administrative department for industry and commerce in writing, and the local administrative department for industry and commerce shall collect the trademark registration certificate and return it to the Trademark Office.

the above is the trap of trademark transfer provided by xiaobian. I hope it can help you.