Trademark is the symbol of commodities and enterprises, and its four characteristics (distinctiveness, exclusiveness, value and competitiveness) make it play an irreplaceable role in establishing commodity image and enterprise image in the development of enterprises. Simple and generous trademarks are easy to be recognized by consumers, which is the first step to the market and a symbol of product image quality. In recent years, trademark disputes have emerged one after another. For example, the famous Tongrentang Pharmaceutical Company and Tsingtao Brewery Company registered their trademarks abroad, which caused great losses to their enterprises.

Wonderful trademark transfer network believes that the benefits of buying a trademark (transferring a trademark):

1. Come on, you will have the trademark right immediately, put it into use as soon as you buy it, and seize the business opportunity without waiting for the license (it usually takes about 2-3 years to get the license). You can rest assured to invest money in publicity, and you can defend your rights immediately when you find infringement.

2. The waiting time for registration is long (2-3 years), and there is a risk of unsuccessful registration, and even if it passes the examination of the State Trademark Office, it may be objected by others. If you invest a lot of advertisements and the trademark is not registered successfully, the loss will be great.

Apply (register) or buy a trademark.

Before applying for a trademark, the legal risks of registration must be considered, mainly as follows:

First, the incomplete and lagging retrieval of prior trademark information database will lead to misjudgment of trademark registration risk, thus underestimating the registration risk. Because it takes a certain time from the receipt of various trademark applications from the Trademark Office to the retrieval from the computer database, the blind area of external inquiry is generally 3 ~ 6 months, although the internal time of the Trademark Office is a little shorter, it cannot be avoided.

Second, the limitations of information sources. Because place names, prior rights, industry information and product information will all affect trademark registration, even if the trademark data is risk-free, it does not mean that trademark registration is risk-free.

Third, changes in the scale of government review will also cause authorization risks. For example, laws, regulations and policies related to trademarks will be dynamically adjusted with the development of market economy and the emergence of new problems, which will inevitably affect the scale of review.

Fourth, the subjective risk of the examiner's review scale, because of the difference of personal understanding, different examiners and different types of examiners may draw diametrically opposite judgment results, and the law also gives the examiner the discretion to exercise according to personal understanding in the review process, so this also increases the uncontrollable risk of registration.

In the actual examination of trademarks, there are other problems besides the above reasons, so many prior rights and interests can only be solved through passive examination during the announcement objection period. This also increases the risk of objections and disputes in trademark examination. If the trademark is rejected because of these problems, the previous investment will be wasted. Moreover, the registration time is too long, and it is impossible to prevent others from using it during this period, which may lead to the loss of trademark distinctiveness, loss of business opportunities or reputation affected by counterfeit and shoddy products.

Due to the above problems, enterprises may be rejected in the process of applying for trademarks, even after re-examination. At this point, the purchase of the applied trademark has become a helpless choice after the application is frustrated. In practice, when the trademark seller knows that the buyer's application failed before making a purchase, it usually happens that the price is set on the ground.

Once the trademark acquisition fails after the above work is completed, the enterprise will face a disastrous consequence: reshaping the brand. Do you see it? Jiaduobao? Loss? Wang Laoji? After the right to use the trademark, all the previous achievements in brand building were wasted, and a series of market activities (including litigation, which is also a kind of market activity) were launched from 20 12, and huge publicity investment was made. Fortunately, through various advertising design and litigation events, Jiaduobao? The brand has inherited the last one to some extent? Wang Laoji? Part of the brand value. Otherwise, it is conceivable that you want to share a piece of the white-hot herbal tea market, right? Jiaduobao? Investment will become an astronomical figure.

Considering the risk of successful registration and the risk of registration time, experts suggest that if the current brand influence of the enterprise is not great, or it is necessary to reshape a brand, it is a good choice for the operator to buy the trademark directly. On the one hand, enterprises don't have to spend more than a year applying and waiting for authorization, saving time and effort; On the other hand, enterprises do not have to worry about the risk of rejection of trademark registration, but can directly publicize it, which is more conducive to grasping market opportunities. In particular, authorized trademarks are won back by means of rejection, review and administrative litigation. Because after many tests, it is usually more stable and less risky than a directly registered trademark.