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If the company has been cancelled, can the trademark still be transferred?

No one can guarantee that the company will continue to operate smoothly during the company's operation. When encountering problems that cannot be solved, it is wise to cancel the company in a timely manner. So the question is, if the company is cancelled, can the trademark still be transferred?

According to Articles 26 and 47 of the "Regulations for the Implementation of the Trademark Law": the trademark of a canceled enterprise can still be transferred, so the trademark can be transferred after the company is cancelled. When a company is deregistered, the company trademark should be transferred in a timely manner. According to the provisions of Article 47 of the "Regulations for the Implementation of the Trademark Law", if the trademark registrant dies or terminates, and one year has expired from the date of death or termination, and the registered trademark has not been transferred, any person may file a request with the Trademark Office Apply to cancel the registered trademark.

At the same time, the company's cancellation of trademarks must also be handled in different ways according to the company's different circumstances. There are three specific processing methods:

(1) If the trademark of a state-owned or collective enterprise is not disposed of when the enterprise is liquidated, in subsequent transfers, the transferor must be a township enterprise. The competent unit, the Enterprise Asset Corporation of the township government, and the State-owned Assets Bureau, the competent unit of state-owned enterprises, must issue relevant ownership certificates.

(2) If the trademark of a private enterprise is not disposed of before the enterprise is cancelled, and there is no legal successor, the trademark will be deemed to have been abandoned. After the enterprise is cancelled, the trademark can no longer be disposed of. Transfer, the transfer contract without subject qualifications will not be established.

(3) After the trademark of an individual industrial and commercial household or a sole proprietorship is cancelled, the person in charge can handle the transfer after providing relevant identity certificates and investment certificates issued by the industrial and commercial department.

The above is about whether the trademark can still be transferred after the company is cancelled. It should be noted that the trademark is registered in the name of the company, so the trademark rights will no longer exist after the company is cancelled. can use this trademark. As for what materials are needed for trademark transfer after the company is cancelled, click "How to transfer the trademark after the company is cancelled? What materials are needed?" for details.