With the gradual maturity of China's intellectual property market, the number of trademark applications has exploded in recent years, making trademark registration more and more difficult and time-consuming. Therefore, the purchase of transferred trademarks has become the first choice for many enterprises, which can not only greatly save time and cost, but also achieve a success rate of 100%.

Today, Intellectual Property summarizes the matters needing attention in purchasing the transferred trademark for everyone:

1. The trademark is still being applied for registration.

At present, many courts recognize that unregistered trademarks can be transferred or licensed. However, for the trademark being applied for, the status of the trademark needs to be checked first. Even if the registered trademark has been approved, trademark objections may appear in the subsequent review, which may increase commercial risks.

2. Confirm the service life of the trademark

China's Trademark Law stipulates that "the period of validity of a registered trademark is ten years", and "if the renewal procedures are not completed at the expiration of the period, the registered trademark shall be cancelled". If the trademark has passed the grace period, it is impossible to handle the trademark transfer procedures. In addition, for the trademark in the renewal or extension period, both parties to the transfer shall stipulate the obligation of renewal in the contract.

3. Do traders have the right to dispose of trademark rights?

In the practice of trademark trading, it is often to negotiate with the agent or actual controller of the obligee, so it is necessary to determine whether it has the right to exercise power instead of the obligee and whether it can sign a real trademark transfer contract and an application for transfer. Whether the trademark belongs to * * *, whether it passes through someone * * *, these are all things that need attention.

4. Information needed to purchase the transferred trademark

After the trademark transfer contract is signed, the last step is that the assignor and the assignee sign an application for trademark transfer and provide their respective business licenses. The assignor provides a notarial certificate of voluntary transfer, and both parties submit an application for trademark transfer.

5. Change of trademark address

The information of the business license needs to be consistent with that of the trademark certificate. China's Trademark Law stipulates: "If a registered trademark needs to change the name, address or other registered items of the registrant, an application for change shall be filed". If the address change formalities are not handled, the trademark transfer application will be rejected.

6. Regionality of trademark registration

The effectiveness of trademark registration is regional. Trademarks registered in China are only valid in China. If it is a commodity that needs to be exported, it needs to be registered not only in China, but also in the exporting country, otherwise it will encounter the trouble of trademark infringement.

7. The same approximation standard should be treated together.

The Trademark Law stipulates: "Where a registered trademark is transferred, the trademark registrant shall transfer the same or similar trademarks registered on the same or similar goods together." . The application for the transfer of a registered trademark shall not cause misidentification, confusion or other adverse effects. Otherwise, the trademark transfer application will not be approved by the Trademark Office.

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