Many people will ignore a very important detail when signing the trademark transfer agreement, that is, whether the trademark was licensed, mortgaged, transferred before, and whether it was objected or revoked by others. If there is the above situation, the purchase will fall into endless disputes, and the legal risks and consequences can be imagined. Therefore, when you see an easy-to-remember trademark, don't rush to sell it. Before signing the agreement, use the trademark query tool to check whether the status of the trademark is valid. In addition, it should be noted that the "trademark acceptance notice" does not mean that the trademark has been successfully registered, and only the trademark with the "trademark registration certificate" can be protected by law. If the buyer insists on buying the trademark in the application even though he knows it, he should also indicate the liability and rights risks in the agreement, otherwise there is a suspicion of fraud.
2. Illegal transfer. Be careful that it is the "black-hearted" seller who signed the agreement with you.
At present, China's trademark law and implementation regulations only give the trademark office the power to approve the trademark transfer application, but do not stipulate the responsibility for its improper approval. This provides an opportunity for some lawless elements to use legal loopholes to forge the seal of the trademark holder and the signature of the trademark holder, transfer the registered trademark of others to themselves or their associates, and apply to the Trademark Office for relevant procedures to defraud the "legal" coat. If they are prosecuted, they will run away, never appear in court, and the court will not be able to serve them with litigation materials. Once this happens, the buyer not only loses money, but also consumes precious time and misses business opportunities. Therefore, before signing the purchase agreement, you must verify the true identity of the seller, or find a professional to check.
Third, lack of integrity, temporarily changing one's mind and asking for a high transfer fee
A formal trademark transfer agreement was signed immediately, and many sellers who lack integrity will still refuse to transfer or ask for a high transfer fee for various reasons. Finally, buyers often feel that litigation is troublesome, time-consuming and labor-consuming, and they also have to pay attorney fees, investigation and evidence collection fees and other expenses. They have to submit to the demands of these black-hearted sellers, pay them an extra fee and transfer the trademarks that have already been negotiated to themselves. Such behavior is really hateful, how can we avoid such risks? The author thinks that the best way is to sign a compensation plan for transaction losses with the agency.
iv. There will be endless troubles if the rights and interests of similar trademarks are not transferred together
When signing the trademark transfer agreement, it is also necessary to be wary that some sellers deliberately conceal similar trademarks similar to the transferred trademarks and fail to transfer them together. Such behavior is not only illegal, but more importantly, it directly harms the legitimate interests of buyers. There are many such cases, and it is easy to be deceived if you don't have professional ability. I suggest that if there is a need to buy a trademark, you must ask a professional to conduct risk analysis and purchase it on your behalf, and at the same time indicate the corresponding rights clauses in the transfer agreement to safeguard your legitimate rights and interests. In addition, if it is purchased by an agency, it can also be required to sign an Exclusive License Agreement with the seller, which not only fully guarantees the legitimate right to use the trademark, but also has no worries; You can kill two birds with one stone, which is quite convenient.