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What should happen to trademarks after company transfer and merger?

Many new companies are born every day, and many companies are canceled. If the company cannot continue to operate smoothly, it will choose to transfer or cancel the company instead of continuing to operate. But during the company transfer process, how should the corporate legal person handle the trademark after transferring the company?

First of all, the trademark belongs to the company. Second, if there is a trademark transfer to a company, the company's trademark still exists. However, it cannot guarantee whether the trademark will expire after 10 years and whether the company will handle its specific needs. Finally, if the company transfers the trademark, the business needs to formally process or transfer the trademark.

According to Article 15 of the current "Trademark Law": "If a registered trademark changes the name, address or other registration matters of the registrant, an application must be filed." Change of trademark refers to the change of registration of a registered trademark. person, registered address or other matters.

If an applicant changes its name, address, agent, or deletes designated goods, it may go through the change procedures with the Trademark Office. If the words or graphics of a registered trademark are changed, a new application for trademark registration shall be made and shall not be called a trademark change.

After signing a trademark transfer contract with the first transferee, the transferor concealed the above facts and signed a trademark transfer contract with the second transferee. From a contract point of view, after many years of work experience, first of all, the first trademark transfer contract has been established and effective, and the second trademark transfer contract is a revocable contract. If the second trademark transferor knows the facts concealed by the trademark transferor and does not revoke the right to sell the trademark transfer platform, the second trademark transfer contract will also be valid.

Friends who have registered trademarks should be more aware that trademarks should be extended for a certain period of time, that is, a certain period of time before the trademark registration expires, and must go through certain procedures in accordance with the law to extend the validity of the registered trademark system. So, what should you pay attention to when renewing your trademark? If it is determined that the trademark will continue to be used after its validity period expires, it shall be renewed within one year before the expiration date. If your trademark is not renewed in the last year after expiration, you can enjoy a six-month grace period. Upon renewal, the trademark will be granted a new validity period of ten years, counting from the day after the last expiry. If it is not within the time limit, you will not have the rights after renewal. and trademark rights.

It should also be noted that the validity period of a trademark is calculated from the date of registration approval, not from the date of application. Trademark extension refers to a certain period specified by law that allows the trademark owner to apply for renewal after the validity period of the registered trademark expires. There is a certain period of six months before the expiry of a registered trademark, starting from the date of expiration of the registered trademark.