Over the years, the number of registered trademarks in China has increased every year and continues to rank first in the world. At the same time, in China market, more and more enterprises begin to attach importance to the registration of enterprise trademarks. It takes time and money for a company to apply for trademark registration, which is a very common "trademark collision". In this case, because high-quality trademarks are increasingly scarce in the market, trademark transfer is the fastest way for enterprises to reach trademarks quickly, but trademark transfer is not foolproof. The intermediate process also examines many risks, which may lead to the abnormal use of trademarks.

Does a trademark constitute a malicious registration?

It is precisely because there are fewer and fewer high-quality trademarks on the market, and more because some people maliciously sell trademarks. Therefore, in recent years, the Trademark Office has been cracking down on illegal and malicious trademark registration. If the trademark registrant is maliciously registered, he will continue to transfer the trademark, but the "malice" of the maliciously registered trademark to the market has not disappeared, so the trademark application can still be declared invalid according to law, resulting in the last two dollars and two dollars.

Is trademark transfer the real idea of the registrant?

After all, in the process of trademark transfer, you need to get the affirmation of the other party and then sign a contract. If the trademark is transferred to the company, it needs to be stamped with the official seal of the company to take effect. If the trademark is transferred to a natural person, we also need to provide a copy of the ID card and sign it. Even some joint trademarks require the consent of all trademark owners.

Signatures and seals are easy to forge. Even the trademark transfer is not the registrant of the trademark, but the trademark in hand. Therefore, the qualification examination of trademark transferor is also an important link in trademark transfer. Therefore, when transferring a trademark, it must be sold together with the registrant or owner of the trademark to ensure the formal legitimacy of the trademark.

Does the trademark have mortgage risk?

Because we can find the trademark information through the website of the Trademark Office, which belongs to the current information. We can not only master and verify the information before the trademark transfer, but also find the transfer status after the transfer. Once we find that the trademark may be invalid or revoked, we can completely give up the transfer of the trademark.

However, for the transferee, it is difficult to predict that this may happen to the trademark, and it may even be used as a private mortgage by the trademark transferor, which is directly related to the use of the trademark. At this point, the behavior of both parties can be bound by the contract. If the transferor intentionally conceals it in the process of transfer, it shall be liable for breach of contract.