Trademarks can be transferred after the company is cancelled. After the company is deregistered, the trademark can be transferred within one year, or an application for trademark cancellation can be submitted. If the company does not transfer the trademark at the time of deregistration, the company can transfer the trademark through transfer if the ownership has been decided. The transfer of trademark rights is different from the transfer of trademark rights. It is not a legal act between the parties. It is caused by the event of being eliminated by the successor. It can be realized as long as the successor accepts the trademark rights and completes the transfer procedures of the registered trademark with the Trademark Office. Transfer of trademark rights. Before the company is cancelled, you can choose to transfer the trademark under your name to other companies or individual traders, but remember to keep the electronic file, copy of the business license and official seal so that it can be used as a transfer certification condition, which can be used to accept the liquidation of the enterprise's property. The organization or department files an application for trademark transfer. Things to note when transferring trademark rights are as follows:
1. Trademark rights have a limited time limit. Therefore, before entering into a trademark rights transfer contract and a trademark rights license contract, you should first examine whether the exclusive right to use the trademark as the subject of the contract is It is still within its validity period, how long is the validity period, and whether the registered trademark renewal procedures have been completed, etc. This is to prevent certain units, individual industrial and commercial households, individual partnerships, etc. from deceiving the other party by transferring the trademark that is no longer protected by law, that is, the trademark without the exclusive right to use the trademark to others or allowing others to use it;
2 . The transfer of trademark rights must be carried out in accordance with the methods and procedures stipulated by law, and cannot be transferred by oneself;
3. The trademark registrant who allows others to use his registered trademark must sign a trademark license contract. The licensor and the licensee shall, within three months from the date of signing the license contract, submit a copy of the license contract to the county-level industrial and commercial administration authority where they are located for review. The licensor shall submit it to the Trademark Office for filing, and the Trademark Office shall make an announcement. ;
4. When transferring registered trademarks for human medicines, tobacco products, and other goods for which the country stipulates that registered trademarks must be used, the transferee shall provide certification documents from relevant departments: For the transferee’s registered trademarks for medicines If the registered trademark of cigarettes, cigars and packaged tobacco is transferred, the certificate of production approval by the national tobacco authority shall be attached; if the registered trademark of the transferred cigarettes, cigars and packaged tobacco is approved by the national tobacco authority, the registered trademark must be used by the transferee in other countries. Registered trademarks for other goods must be accompanied by approval documents from the relevant competent authorities;
5. Permit others to use registered trademarks for human medicines, tobacco products and other goods for which the country stipulates that registered trademarks must be used. When submitting a copy of the licensing contract to the county-level industrial and commercial administration authority for review, the licensee shall attach a certification document issued by the health administrative department or a certification document of production approval by the national tobacco authority, or approval by other relevant competent authorities. Supporting documents. If you fail to provide the above-mentioned approval documents, and still refuse to provide the above-mentioned approval documents when ordered to do so by the industrial and commercial administration or the Trademark Office, the licensee shall be deemed to be unqualified and the trademark right use license contract shall be invalid;
6. When signing a trademark rights transfer and licensing contract, you should examine whether the other party has the corresponding qualifications, that is, whether it is a legally established enterprise, institution, social group, individual industrial and commercial household, individual partnership, and whether it is a legally established enterprise, public institution, social group, individual industrial and commercial household, or individual partnership. An agreement signed by the People's Republic of China or an international treaty to which the People's Republic of China is a party or based on the principle of reciprocity can become the subject of a trademark right transfer and licensing contract. For persons who do not have the corresponding qualifications, the counterparty shall not sign a trademark rights transfer and license contract with them; if the signing procedures have been completed, the contract shall be invalid or deemed to have not been established at all.
The above eight behaviors can be recognized as escape behaviors in traffic accidents, and in some cases the criminal liability of the perpetrator can be pursued.
Legal basis: Article 31 of the "Regulations on the Implementation of the Trademark Law of the People's Republic of China"
If a registered trademark is transferred, the transferor and transferee shall report to the Trademark Office Submit an application for transfer of registered trademark. The application procedures for transferring a registered trademark shall be handled by the transferor and the transferee at the same time. If the Trademark Office approves the application for transfer of a registered trademark, it will issue a corresponding certificate to the transferee and make an announcement.
When a registered trademark is transferred, if the trademark registrant fails to transfer the same or similar trademark registered on the same or similar goods, the Trademark Office shall notify the trademark registrant to make corrections within a time limit; if the trademark registrant fails to make corrections within the time limit, If the application for transfer of the registered trademark is deemed to have been abandoned, the Trademark Office shall notify the applicant in writing.
1. Can a registered trademark not be renewed?
If the trademark is not renewed, others can register it.