Trap ①: The trademark is not approved for registration.
The process of trademark registration can be divided into three stages: acceptance, announcement and registration. It is not recommended to buy the trademark in the acceptance stage, because the trademark may not be registered; It is also not recommended to buy trademarks at the announcement stage, because trademarks may be questioned; Only trademarks approved for registration after the announcement period are more secure.
Trap 2: The trademark is controversial.
We don't buy the trademark during the announcement period because it may be questioned by a third party. For a trademark that has been approved for registration, the status of the trademark should also be verified before purchase to see if it is in a controversial state such as "revocation of the third place" and "invalid". If there is, don't buy it.
Trap 3: The trademark will be renewed soon.
If a trademark needs to be renewed once every ten years, the trademark registrant shall go through the renewal formalities within one year before the expiration or within a grace period of six months after the expiration. So when you buy a trademark, you should check how long it will be before the next trademark renewal. If the renewal is coming soon, discuss the cost of renewal with the other party. This problem is not very big. Pay attention to bargaining with buyers to save money.
Trap ④: The trademark has been registered for three years and has not been used in the early stage.
The second point has already been said, don't buy a trademark in a "revoked" state, but there is another situation, that is, the trademark is revoked after the transfer, which requires us to consider it carefully when buying. If the purchased trademark has been registered for three years, you must ask the other party to provide you with evidence of the use of the trademark in the past three years in case of emergency; If the other party has no evidence of trademark use, then the trademark is likely to be registered in batches for trading, so it should be carefully considered.
Trap ⑤: Missing or wrong items of the trademark.
For most trademarks, only 65,438+00 items of goods/services are selected, and only 3.4 items may be partially rejected. Therefore, when buying a trademark, it is necessary to verify how many valid items are left in the trademark, which is subject to the record on the certificate, because the information in official website is sometimes not updated; At the same time, check whether the project corresponds to your own products/services.
Trap ⑥: The same/similar trademarks exist in the same/similar categories.
Where the second paragraph of Article 42 of the Trademark Law stipulates the assignment of a registered trademark, the trademark registrant shall assign the similar trademark registered on the same commodity or the same or similar trademark registered on similar commodities. If you don't pay attention to this, you will suffer a big loss. If only one trademark is transferred, the Trademark Office will correct it and ask you to transfer the other identical/similar trademarks together. At this time, you will have to spend money to buy several identical/similar ones together. If you don't buy it, the previous transfer will be regarded as not proposed or not accepted, and the seller will definitely not refund you.
Trap ⑦: The original trademark certificate is not handed over to the buyer.
After the trademark transfer is completed, no new trademark certificate will be issued, but a trademark transfer certificate will be issued, which will take effect together with the original trademark registration certificate. If the other party doesn't give you a certificate or doesn't have a certificate, you have to spend money to apply for a "reissued trademark certificate".
Trap 8: Earn the price difference between agents.
Sellers usually hang the trademarks they intend to sell in the agency because they have more resources and channels. Some agents will raise the price of trademarks several times or even ten times before selling them. After the transfer is completed, they will give the seller the price agreed in advance and earn the remaining difference.
Please beware of the above eight traps when transferring or selling company trademarks. Merchants can entrust professional affairs to professional agents if they have relevant needs. Bajie has more than ten years of rich experience in trademark transfer, escorting the trademark transfer and sale of your company!
Trademark transfer the trademark transfer of the sales company