In recent years, many bosses have seen the rapid growth of domestic brands. Many companies are also considering whether they can register their own company's trademark, and then let others see the company's trademark and feel that the company is strong. For example, when many people see Lao Gan Ma, they can think of it as a domestic product. However, trademark registration takes a long time, 12-16 months, so many companies think of purchasing trademarks, and often many companies will transfer the preliminary trademark. Is this okay?
In fact, the trademark transfer in the preliminary examination will not be so smooth. However, more than 80% of trademarks in the preliminary examination can pass and become official trademarks. However, trademarks that have passed the preliminary review do not have the right to use them at this stage, because another 20% of trademarks may not be registered due to objections. Therefore, a trademark that has passed the preliminary examination does not have the same transfer effect as a registered trademark, but the transfer process can still proceed.
How to avoid the risk of trademark transfer?
In the process of trademark transfer, there are many issues that need to be paid attention to. If you don't pay more attention, the trademark transfer may be unsuccessful. Therefore, when it comes to trademark transfer, you can't do anything less, such as signature, seal and registration. Issues that need attention are:
1. Both the trademark transferor and the transferee need to sign or seal the transfer agreement.
2. Copies of the identity cards and business licenses of the trademark transferor and transferee.
3. Trademark qualification certificate of the trademark transferee. Only when the transferee is qualified to use the trademark can the transfer of the trademark be accepted.
4. The trademark transferor needs to prepare the registration certificate or application form when applying for trademark registration.
5. The transfer contract signed by the trademark transferor and the trademark transferee must be in duplicate.
Only by paying attention to the above issues can we ensure the rights and interests of the transferor and the transferee and avoid unsuccessful transfers.
How should the transferee conduct an audit? How to confirm whether a trademark exists?
First of all, you need to know whether the company or individual who registered the trademark still exists, and whether the company has been cancelled? Is this person deceased? Etc., because if the company cancels or the individual dies, the ownership of the trademark will disappear after one year. This type of trademark cannot be purchased.
The above is whether the trademark can be transferred during the preliminary examination. How to avoid the risk of trademark transfer? , and how the trademark assignee should do a good job in the review. In fact, trademark transfer is a good thing for both buyers and sellers. As long as you avoid the problems mentioned above, it's not a big problem. I am afraid that some risks cannot be avoided, which will lead to the failure of trademark transfer. If you are concerned about the risks of trademark transfer and have questions about the review of the transfer. You can also come and consult our professional trademark consultants!