If the ownership of the trademark rights is not indicated in the liquidation report, all the shareholders of the original company can handle the property left out when the company was canceled and liquidated. Required documents: In the liquidation report, there is a need for the ownership of trademark rights: the transferee’s identity certificate, trademark agency power of attorney, trademark transfer application (only the transferee’s signature or seal is required), company cancellation files obtained by the local industrial and commercial bureau (Including liquidation report) If the ownership of the trademark rights is not involved in the liquidation report: Proof of identity of the transferee, Trademark agency power of attorney, Trademark transfer application (only the transferee’s signature or seal is required) All shareholders of the original company regarding the ownership of the trademark rights Agreement Proof of identity of all shareholders of the original company Note: If the trademark has not been transferred within one year after the company is cancelled, anyone can apply to the Trademark Office to cancel the trademark. Legal basis: Article 47 of the Regulations for the Implementation of the Trademark Law. If the trademark registrant dies or terminates, and one year has expired from the date of death or termination, and the registered trademark has not been transferred, anyone may apply to the Trademark Office to cancel the registration. Registered trademark. When applying for cancellation, evidence regarding the death or termination of the trademark registrant must be submitted. (Hu Gao Fa Min 2 [2006] No. 6) The Third Civil Division and the Fourth Civil Division of the Municipal First and Second Intermediate Courts, and the Second Civil Division of all district and county courts: Regarding the current cases of civil and commercial disputes being heard by the courts in this city, the company is being After deregistration, there are differences in practice on how the property rights enjoyed by the original company should be handled. The Second Civil Division of the High People's Court formed a tendentious view on the relevant issues based on research. The "Answers to Several Issues Concerning How to Deal with the Property Rights and Interests Enjoyed by a Company after it is Cancelled According to the Law" is now issued to your court for your court's reference in civil and commercial trials. If you encounter new situations or problems during application, please report to the Second Civil Division of the High Court in a timely manner. May 25, 2006 Attachment: According to the relevant provisions of the "Company Law of the People's Republic of China", after the company is dissolved, the shareholders should liquidate the company. After the liquidation is completed and deregistration is completed, the company will be eliminated. Since the remaining property of a company after legal liquidation will be distributed to shareholders in accordance with the law, if they find that the company still has external claims or other property rights after the company is cancelled, they can file a lawsuit in their own name and claim their rights. . Since shareholders claim that the original company’s external claims or property rights are different from the shareholders’ distribution of the company’s remaining property, the court generally does not need to do so unless all shareholders of the original company are willing to file a lawsuit with the plaintiff as shareholders. All shareholders were added to file a lawsuit with the plaintiff as ***. If multiple shareholders file separate lawsuits regarding the same creditor's right or property interest, the court may consolidate the proceedings. After the company is deregistered, shareholders obtain creditor's rights or property rights that were omitted in the liquidation of the company. Such creditor's rights or property rights originally belonged to the company's property and should belong to all shareholders, who will distribute them in accordance with the company's articles of association or legal provisions. Therefore, if a shareholder acquires creditor's rights or property interests that were omitted in the liquidation of the company after the company is deregistered, other shareholders have the right to file a lawsuit and require the shareholder who obtained the property interest to distribute the property. According to the provisions of the Company Law, a company must be liquidated upon dissolution. If during the liquidation process it is discovered that the company's assets are insufficient to pay off its debts, it shall apply to the court for declaration of bankruptcy in accordance with the law. Therefore, the liquidation of the company by shareholders on their own must be conditioned on the payment of all debts of the company. Liquidation of the company by the shareholders themselves does not have the effect of debt relief. Therefore, if the company is canceled without fully repaying its debts, and the shareholders obtain the company's creditor's rights or property rights after the company is canceled, the creditors have the right to require the beneficial shareholders to pay off the company's debts within the scope of the property interests obtained. According to the Company Law, liquidation of the company by shareholders themselves does not have the function of exempting the company from debts. If a shareholder cancels the company without legal liquidation, causing losses to the interests of the company's creditors, he shall bear corresponding civil liability to the company's creditors. However, after the company is cancelled, the property rights and interests of the company should be enjoyed by the shareholders, and the shareholders can claim the creditor's rights or property rights of the original company. The company was declared bankrupt in accordance with the law and went through bankruptcy liquidation and distribution. The company's external debts that cannot be repaid will no longer be repaid. Therefore, bankruptcy liquidation has the effect of exempting the bankrupt enterprise from its debts. After the bankruptcy proceedings are completed, if it is found that the company still enjoys creditor's rights or other property rights, such rights and interests shall first be used to pay off all creditors. Before the repayment is completed, the shareholders or superior authorities of the company declared bankrupt will not enjoy the property rights and interests.

By then, if the bankruptcy liquidation team retained with the court’s permission has not been revoked, the liquidation team may claim external claims or related property rights. The acquired property may be additionally distributed or designated to relevant units or personnel for safekeeping upon the court's decision. If the bankruptcy liquidation group has been revoked, the shareholders of the original company or the company's superior authorities may apply to the court hearing the bankruptcy case to reinstate the liquidation group or re-establish the liquidation group in accordance with the law, and claim the original company's claims or property rights in the name of the liquidation group. . It is up to the court to decide whether to grant permission. Organizing: