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Reasons for the failure of trademark transfer

A trademark is an intangible asset of an enterprise, which indicates that the trademark has certain legal rights or privileges. When an enterprise needs to develop, we know that it needs to register the corresponding trademark. However, due to the difficulty of trademark registration, many people will choose to buy trademarks on the third-party transfer platform. However, in the process of trademark transfer, not all trademarks can be transferred, but the corresponding transfer conditions need to be met. What are the reasons for the failure of trademark transfer?

1. The trademark registration certificate is invalid

Article 4 of the Trademark Law stipulates: "If a registered trademark needs to be used continuously after its expiration, the trademark registrant shall go through the renewal procedures within 12 months before the expiration. If it fails to go through the renewal procedures after the expiration, its registered trademark shall be cancelled."

article 49 of the trademark law stipulates: "if a registered trademark becomes the common name of the goods it has approved for use or is not used for three consecutive years without justifiable reasons, any unit or individual may apply to the trademark office for cancellation of the registered trademark."

if the trademark registration certificate to be transferred is invalid because it has not been renewed after the expiration of the validity period or the trademark has not been used for three consecutive years, the trademark cannot be transferred normally.

2. The trademark that needs to be transferred has been modified without authorization

Article 24 of the Trademark Law stipulates: "If a registered trademark needs to change its logo, it shall re-apply for registration."

if a trademark that needs to be transferred has its logo changed by an enterprise or an individual without being re-registered, it is not protected by the Trademark Law, so such a trademark cannot be transferred.

3. Trademark information has not been changed after revision

Article 41 of the Trademark Law stipulates: "Where a registered trademark needs to change the name, address or other registered items of the registrant, an application for change shall be filed."

without the approval of the relevant departments, the trademark registrant changes the registrant's name, address and other matters without going to the Trademark Office for the change procedures, and the trademark is not protected by the Trademark Law, and the trademark cannot be transferred.

4. The trademark to be transferred is challenged

If the transferred trademark is challenged, the holder must prove the objection. If self-certification is not possible or self-certification is not established, the Trademark Office shall reject the application for transfer, and the trademark cannot be transferred.

the above are the reasons for the failure of trademark transfer in the process of trademark transfer. In the corresponding trademark transfer process, in order to ensure the success rate of trademark transfer, it is suggested that you choose a formal third-party transfer platform to help trademark transfer to ensure the success of trademark transfer.