What are the risks involved in trademark transactions?

No matter what kind of business cooperation, there will be some risks. Of course, trademark transactions are no exception, and the risks of trademark transactions are unpredictable in the eyes of many laymen. In order to avoid unnecessary risks in the process of trademark transactions, Bajie will summarize for you today the key points in trademark transactions. Some common risks, I hope they will be helpful to everyone.

1. Whether the trademark has been pledged or frozen. Before transferring, the transferee needs to pay attention to whether the transferred trademark has been pledged or frozen. For a trademark that has been seized by the people's court or a trademark that has been registered as a pledge, the trademark may not be transferred without the consent of the people's court and the pledgee during the seizure period and the pledge period.

2. Whether the transferred trademark is a valid trademark. When you find a trademark you like and want to buy it, you should first check whether the legal status of the trademark is valid on the official website of the Trademark Office to learn whether the trademark exists, has been revoked or Being cancelled, etc.

3. Licensing status of the transferred trademark. The transferee should know clearly whether the transferor has licensed the trademark to other companies before transferring the trademark. According to Article 20 of the Interpretation on Several Issues Concerning the Application of Law in the Trial of Civil Trademark Disputes, “The transfer of a registered trademark shall not affect the validity of the trademark license contract that was in effect before the transfer, unless otherwise provided for in the trademark license contract. "That is, after the trademark is transferred, the licensee can still continue to use the trademark during the validity period of the license contract, which will have an adverse impact on the transferee of the transferred trademark. For the transfer of a trademark that has been previously licensed to others, it is best for the transferee and the transferee to reach an agreement on this issue to avoid unnecessary trouble in the future.

4. Whether the trademark has been transferred repeatedly. In order to defraud high trademark transfer fees, some criminals use fraudulent means of repeated transfer of trademarks to deceive transferees who are eager to obtain trademark certificates. Therefore, the transferee needs to investigate the authenticity of the trademark registration certificate provided by the transferor and whether the transferor is the trademark registrant, and whether the name of the transferor matches the name of the applicant on the official website of the Trademark Office.

5. Inquire and confirm the useful life of the trademark. Article 39 of the Trademark Law stipulates that "the validity period of a registered trademark is ten years, calculated from the date of approval of registration." Article 40 stipulates that "the validity period of a registered trademark If the trademark registrant expires and needs to continue to use it, the trademark registrant shall handle the renewal procedures in accordance with the regulations within twelve months before the expiration; if it fails to be completed during this period, a six-month extension period may be granted for each renewal of registration. The validity period is ten years, starting from the day after the expiration of the previous term of the trademark. If the renewal procedure is not completed at the end of the period, the registered trademark will be cancelled."

For trademarks that are in the renewal period or extension period. , both parties must remember to stipulate in the contract their obligations for renewal. If the trademark has passed the extension period, the transfer will not be approved.

Looking at the above risks related to the trademark transaction process, I wonder what you think. In fact, whether it is a contract or cooperation between companies, these all contain laws, so in After reading the above summary of the risks in the trademark transaction process that Bajie editor has helped you, as investors or traders, you must keep in mind that it will be of great help to you.