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Is the canceled trademark on the business license still valid?

After the business license is cancelled, the trademark right does not directly expire.

1. The relationship between trademark rights and business licenses

Trademark rights are an independent intellectual property, and their existence is not directly bound to the company's business license. In other words, the acquisition and maintenance of trademark rights does not depend on the company's business license. Trademark rights are obtained through the trademark registration process, and their validity depends on review and approval by the Trademark Registry.

2. The impact of business license cancellation on trademark rights

When a company's business license is cancelled, it mainly affects the company's business qualifications, not the trademark rights itself. Therefore, theoretically, the cancellation of a business license does not directly lead to the invalidation of trademark rights. However, it should be noted that if an enterprise fails to maintain and manage the trademark after canceling its business license, or fails to renew or change the trademark information in a timely manner, the trademark rights may be revoked or invalid.

3. Transfer of trademark rights

If an enterprise has transferred its trademark rights to other enterprises or individuals before canceling its business license and completed the corresponding transfer procedures, then the trademark rights will belong to the new rights holder. In this case, even if the business license of the original enterprise is cancelled, the trademark rights are still valid.

IV. Maintenance and management of trademark rights

In order to ensure the validity of trademark rights, enterprises should continue to maintain and manage trademarks after canceling their business licenses. This includes timely renewal of trademarks, updating trademark information, preventing trademark infringement, etc. If a company cannot continue to assume these responsibilities, it may consider transferring the trademark rights to a capable company or individual.

In summary:

After the business license is cancelled, the trademark right does not directly expire. The validity of trademark rights depends on the approval of the Trademark Registration Office and the transfer of trademark rights. After canceling the business license, the enterprise should continue to maintain and manage the trademark to ensure the validity of the trademark right. If you cannot continue to bear these responsibilities, you can consider transferring the trademark rights to other companies or individuals.

Legal basis:

"Trademark Law of the People's Republic of China"

Article 39:

Registration The validity period of a trademark is ten years, calculated from the date of approval of registration.

Article 40 stipulates:

If a registered trademark expires and needs to be continued to be used, the trademark registrant shall go through the renewal procedures in accordance with regulations within twelve months before expiration; If the application cannot be processed during this period, a six-month grace period may be granted. Each renewal of registration is valid for ten years, starting from the day after the expiration of the previous term of validity of the trademark. If renewal procedures are not completed upon expiration, the registered trademark will be cancelled.