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Is the success rate of trademark transfer 100%?

The answer is no. Even if the pass rate of trademark transfer is so high, it is impossible to achieve 100 success. There are many reasons for the failure of trademark transfer, such as the following points: (Of course, under normal circumstances, if there is no problem with the trademark status, the transfer is basically 100% successful. Make sure to look for a regular trademark agency for trademark transfer)

1. The trademark registration certificate is invalid

If the trademark registration certificate is invalid, the trademark holder no longer has the exclusive right to the trademark, and naturally cannot transfer the trademark to others. There are several reasons for the failure. The first is that the renewal period exceeds 12 months and 6 months, and the trademark renewal procedures are not completed in time; the second is that the trademark has not been used for three consecutive years and has been successfully revoked by others, resulting in the loss of trademark rights. ;The third type is a registered trademark.

2. Lack of or incorrect transfer materials

When both parties transfer a trademark, they need to submit transfer materials. If the information is filled in incorrectly, it will also result in the transfer of the trademark. For example, if the trademark holder is inconsistent with the name filled in the transfer application, the transfer application will not be approved. In addition, if the submitted materials are insufficient when applying, the application will not be approved.

3. If the trademark holder changes the trademark text without authorization, the transfer application will not be approved. According to relevant regulations in China, trademarks may not be changed without authorization. After the trademark is changed without authorization, it must be registered with another person again, otherwise the transfer will not be protected by law.

4. The goods or services are improved during the transfer process

If the trademark holder improves the goods or services without authorization during the transfer process, the application will not be approved. After the trademark is successfully registered, if you need to improve the goods or services, you can only apply for re-registration and cannot change it. Change procedures can only be completed when deleting goods or services.

5. Failure to go through the change procedures

If the address, name of the holder and other matters on the trademark certificate have changed, but the relevant change procedures have not been completed at the Trademark Office, no change will be made. be approved. Trademark holders must go to the Trademark Office to go through relevant procedures and apply for transfer.

Generally speaking, these factors will lead to the failure of trademark transfer, but even so, they are far lower than the risk of trademark registration. The factors that affect the trademark pass rate can be avoided, but the risk of trademark registration cannot be prevented, so we are more Willing to choose trademark transfer.