Three channels to deal with: trademark transfer, declaration of invalidity, cancellation of non-use for three years

First, negotiate with shareholders, and transfer the trademark to the name of the company after consensus.

Second, declare the trademark invalid to the Trademark Office and register the trademark in the name of the company. If the trademark has been used by the company, then the company will definitely have a lot of evidence to prove that the trademark is used. You can submit these proofs of use to the Trademark Office to declare the trademark invalid. The Trademark Office will review the other party's preemptive registration based on the information you provided. If your proof is sufficient, the other party's trademark can be invalidated and revoked, and the trademark will be invalid. It can be applied for under the name of your company.

Third, the trademark has been withdrawn and not used for three years. If the trademark is registered by a shareholder, but the trademark is used by the company, then the other party should not have proof of use of the trademark. After the trademark application is completed If the applicant has not used the trademark for more than three years, the trademark can be judged as an idle trademark, and other applicants can apply to revoke the trademark if it has not been used for three years. If the other party cannot provide proof of use of the trademark, the trademark will be Trademark rights will be revoked.

Disadvantages: The procedures for negotiated transfer are relatively simple, the transfer time is fixed (generally the transfer time is from 8 to October), the transfer does not involve any risks, and the trademark will be transferred to the company after the time is up. In name, it's relatively safe.

Filing a declaration of invalidity requires relatively more information to be compiled, more evidence is provided, and the review time is longer (generally the review time for invalidation declarations is about one year), and filing a declaration of invalidity is not certain to be invalid and revoked. It needs to be reviewed based on the supporting documents provided. Only if the other party's trademark passes the review will it be invalid and revoked.

The success rate of requesting cancellation after three years of non-use mainly depends on whether the other party has proof of use of the trademark. If the other party has not used the trademark for more than three years, the other party's trademark rights will be revoked.