It's hard to register a trademark successfully, but many enterprises face the problem of company cancellation for various reasons after using the trademark for a period of time. So what are the procedures for trademark transfer after the cancellation of the company, is it troublesome?
how should an enterprise transfer its trademark when it is cancelled?
1. If there is a clear trademark handling method in the liquidation report, you can apply for trademark transfer according to the contents of the liquidation report after obtaining the complete cancellation file from the Industrial and Commercial Bureau.
required documents:
1. Complete cancellation files obtained by the Industrial and Commercial Bureau.
this cancellation file must contain the report on the establishment and liquidation of the liquidation group. Of course, all documents should be signed or sealed by all shareholders. The liquidation report is used to prove how the trademark should be handled.
2. Power of attorney for trademark signed by the transferee (transfer)
3. Identity certificate of the transferee
4. Application for transfer/transfer/application for trademark registration
2. The intangible asset of trademark is not mentioned at all in the liquidation report, and it is really regarded as "intangible". How to handle the transfer is as follows:
Required documents:
1. Complete cancellation files obtained by the Industrial and Commercial Bureau.
this cancellation file must contain the report on the establishment and liquidation of the liquidation group. Of course, all documents should be signed or sealed by all shareholders. The liquidation report is used to prove that there is no "reasonable" trademark at the time of cancellation. The signatures and seals of all shareholders shall be used by the Trademark Office to check the authenticity of the signatures and seals on the transfer application, resolution and power of attorney.
2. All shareholders of the original company form a resolution on the trademark to be transferred, which is similar to the resolution of the shareholders' meeting. Used to prove that the transferee has the right to accept the trademark.
3. Power of attorney for trademark signed by the transferor and the transferee (transfer)
4. Identity certificate of the transferee, identity card name of all shareholders of the transferor (if it exists in the liquidation report, it may not be provided)
5. Application for transfer/transfer/application for registered trademark
3. Other matters needing attention
1. If all shareholders of the original registrant cannot reach an agreement, Any shareholder can be the plaintiff, others can be the defendant, and the trademark ownership can be decided through mediation or judgment of the court.
2. Of course, if you choose to cancel the trademark instead of transferring it, all shareholders of the original enterprise still need to make a resolution to cancel it. However, it is suggested that you must not cancel or revoke your trademark easily, unless you have to, and you really have no choice but to cancel or revoke it.
3. There is no time limit for the cancellation or revocation of the enterprise to transfer or transfer the trademark, but the transfer or transfer formalities shall be handled within the validity period of the trademark.
The above is about how to transfer the trademark after the company is cancelled. If you need to transfer the trademark or buy the trademark, please consult.