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Trademark transfer mainly involves the following risks:

1. A trademark is transferred twice

After the trademark transferor concluded a trademark transfer contract with the first transferee, he concealed the above facts and concluded a trademark transfer contract with the second transferee. From a contractual perspective, first the first trademark transfer contract was established and came into effect; The second contract is a revocable contract (because the trademark transferor concealed from the trademark transferee the fact that it had previously concluded a trademark transfer contract with others), if the second trademark transferee knows that the trademark transferor has concealed After the fact, if the right of cancellation is not exercised, the second trademark transfer contract will also be valid. In this regard, the first trademark transferee has the right to require the trademark transferor to continue to perform the trademark transfer obligations, such as handling the registration transfer procedures. The second trademark transferee can only require the trademark transferor to bear liability for breach of contract for failing to perform the trademark transfer.

2. The trademarks to be transferred have already been burdened

Some trademarks to be transferred have been pledged by the trademark rights holders, or have been licensed to others (and have been used by others). Registration with the Trademark Office), or a cancellation application has been filed by others. The above burdens will seriously affect the smooth transfer of the trademark. For example, this is the case with disputes arising from the transfer of the "Aoni" trademark. In this case, Guangdong Libai Company spent a huge amount of money to acquire the "Oni" trademark, but it did not notice that the owner of the "Oni" trademark had previously exclusively licensed the trademark to a company in Hong Kong, and this license had already been Filing. In this case, there will be disputes over who should use the "Aoni" trademark. In fact, if Guangzhou Libai Company conducts trademark inquiries before acquiring the "Oni" trademark, it will be easier to find out whether the "Oni" trademark that it plans to buy has already set a burden, so as to decide whether to buy it or whether it will be purchased in such a way. Provide reference for buying at high prices. It is precisely because of the lack of the above query that major disputes arise.

3. If the trademark to be transferred has expired but has not been renewed, the transferee must check and confirm the use period of the trademark before transferring the trademark. The use period is stated on the registration certificate. . If the trademark is in the renewal period or extension period, the obligations of both parties to renew the trademark must be stipulated in the contract. If the trademark has passed the extension period, you can no longer ask for it, and you must not be careless, which will result in the trademark transfer application being disapproved.

For trademark transfer, please contact Jindian Trademark