What should we pay special attention to in trademark transactions?

For many businesses and entrepreneurs, trademark transactions must be familiar. Today, as the difficulty of trademark registration continues to rise, trademark trading has become a good choice for enterprises and individuals. So, is there anything we need to pay special attention to in trademark transactions? The editor will take you to take a look!

1. Does the purchased trademark have rights defects?

When purchasing a trademark, you first need to pay attention to: whether the trademark is a registered trademark, whether the rights have been confirmed, whether it needs to be renewed, whether there is a license pledge, whether it is involved in a trademark case or other infringement disputes, etc. This type of issue is mainly to ensure that there are no rights obstacles to the purchased trademark. For example, if you purchase a registered trademark, if it is rejected by the Trademark Office or opposed by others, the trademark may not be approved for registration at all. Or if you purchase a trademark that is approaching its expiration date, the trademark may have expired during the transfer process, or it may need to be renewed as soon as the transfer is completed, adding unnecessary risks or expenses.

2. When purchasing a trademark, remember to ask the seller to provide evidence of the use of the trademark.

When purchasing a trademark, it is recommended to add to the transfer agreement: the transferor needs to provide the use of the transferred trademark. evidence, and also requires the transferor to actively participate in safeguarding the trademark rights and interests when the trademark rights and interests are infringed. This article is mainly to prevent the subject trademark from being revoked or invalidated during or after the transfer process, and from the need to file objections and rights protection against other similar trademarks. When revoking a trademark, the trademark holder needs to provide evidence of use in the three years before the cancellation application, and the trademark has been in the hands of the transferor. Naturally, the use evidence needs to be provided by the transferor. This will prevent the trademark that was finally bought from being easily revoked. . Helping to file objections or invalidations for other trademarks is to protect rights in a timely manner when similar trademarks are discovered in the preliminary examination announcement during the transfer process, or similar trademarks that are likely to cause confusion are found on the market. Since the transfer has not been completed at this time, the trademark still belongs to the name of the transferor. If the transferor fails to exercise its rights at this time, it will easily cause losses to the transferee.

3. The trademark transfer agreement can also stipulate a license

Transfer processing takes time. The current review cycle of the Trademark Office is about one year. The transferee did not obtain the trademark rights during the application process, and its use cannot be justified. Adding a license clause to the trademark transfer agreement, which lasts until the transfer is completed, can effectively solve the transferee's trademark use problems and allow the transferee to use the trademark legally and reasonably.

The editor would like to remind everyone that you must be cautious when conducting trademark transactions. I hope the above content about what needs to be paid special attention to in trademark transactions will be useful to everyone. Welcome to consult, there will be professional consultants there to answer your questions.