Everyone will be familiar with flour. Flour is a kind of powder ground from wheat. It is the staple food in most parts of northern China. There are many kinds of foods made from flour, and they are popular. Loved by many people. So which category does the flour trademark belong to in the trademark classification?
A search on the Bajie Intellectual Property website shows that the flour trademark belongs to the 30th category of convenience food. However, what should we pay attention to when transferring trademarks in Dalian? It should be avoided when necessary.
The first thing to talk about is the issue of trademark approval. If the trademark traded is not registered at all, or is not renewed when the trademark expires, or has been revoked or declared invalid according to law, the trademark will be There is no legal exclusive right to use a trademark.
If the trademark is not registered at all, anyone has the right to use the trademark; if the registered trademark is revoked, declared invalid or expires and is not renewed, anyone can One year after the date of cancellation, invalidation or cancellation of the trademark, a trademark registration application for the trademark on identical or similar goods shall be submitted to the Trademark Office.
The second issue is when the trademark expires. Trademark registration has a time limit. In most countries, the validity period of a trademark is 10 years (some are calculated from the date of application, and some are calculated from the date of registration).
However, because the registration can be renewed after expiration (if the trademark is not renewed after expiration, there will be a certain grace period according to the situation of each country. If the trademark is not renewed within the grace period, The trademark will be invalid), so generally don’t care too much about the deadline. As long as it is renewed on time, there will be no problems.
But the key issue is that if the trademark registration is about to expire, the relevant transaction parties must urge the trademark registrant to complete the renewal procedures. Especially before the transfer (the extension after the transfer is the transferee's own business), or during the licensing and pledge period, it is necessary to ensure that the trademark registrant renews the registration to avoid damaging his or her commercial rights and interests.
Finally, there are some fragmentary trademark issues, such as whether the other party has the right to dispose of the trademark right, whether it has the right to dispose of the registered trademark, whether it is an agent specially authorized by the right holder, and whether it is a licensee that allows sub-authorization. If the trademark is owned by the owner, has it been approved by the owner?
The transferee can check the trademark registration certificate, trademark transfer contract, transaction authorization letter and other documents to understand who the real rights holder of the traded trademark is and who currently has the right to transfer, license or pledge the trademark, etc. .
Trademark transfer is currently the most practical way to acquire trademarks and is closely related to the development of enterprises. Therefore, when facing trademark transfer, enterprises should choose a reliable transferor or trademark trading platform to complete the trademark transfer. .