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What are the risks of trademark transfer? How can we avoid it?

Trademark transfer is a shortcut to quickly obtain a trademark, but it also involves certain risks. Before avoiding risks, we have to understand the specific and detailed risks, so that we can prescribe the right medicine and defeat them one by one. Next, Bajie Intellectual Property and Trademark Network will tell you what the risks are.

Risk 1: Invalid transfer

Invalid transfer means that the transfer of a registered trademark does not comply with the restrictions stipulated in the Trademark Law. The Trademark Office does not recognize the transfer, and the exclusive right to use the trademark remains unchanged.

Risk 2: Illegal transfer

Illegal transfer means that the trademark transferor is not the owner of the registered trademark, or cannot secretly transfer his trademark on behalf of all trademark owners. In this case, even if the trademark transfer has been completed, the Trademark Office will not approve the transfer.

Risk 3: Partial transfer

The so-called partial transfer means that the trademark transferor does not transfer other similar trademarks related to the transferred trademark rights to the trademark transferee, but intentionally or Unintentionally retaining or concealing other similar trademarks similar to the transferred trademark. When a trademark is transferred, the transferor can still use and transfer it after the transfer is completed. Other trademarks that are similar to the trademark cause significant damage to the trademark assignee.

Risk 4: Concealing the loopholes in the transfer of trademark rights

When transferring a trademark, the transferor conceals the fact that the trademark has obtained a license to use, has pledged it to pay debts, and has been transferred before the transfer.

When transferring a trademark, we can do the following to avoid risks:

1. Pay attention to the compliance of the trademark itself, check whether the trademark is a registered trademark, and whether the trademark is still valid .

2. Verify whether the other party is the trademark owner. Only the trademark owner is qualified to transfer the trademark.

3. Find out whether there is a similar trademark. If there is a similar trademark, ask the other party to agree to transfer it in order to better protect the trademark.

Pay attention to the standardized use of trademarks to help companies safeguard trademark rights and give full play to brand advantages in the commodity economy. If you don’t understand every detail of the trademark, Bajie Intellectual Property Trademark Network will help you!