When a company chooses to cancel due to poor management or various reasons, how should the trademark under the company's name be dealt with? How to deal with it depends on the situation. Mande Enterprise Service will explain: After the company is deregistered, the whereabouts of the trademark will go.

One: Transfer the trademark before the company is cancelled

When we have the idea of ??canceling the company, we have to consider the whereabouts of the trademark. If we want to continue to own the trademark or will When a trademark is sold, the trademark needs to be transferred out of the name, that is, the trademark is transferred. Trademark transfer is an act in which the trademark registrant transfers the exclusive right of the trademark to another party in accordance with legal procedures during the validity period of the trademark registration.

According to the provisions of the Trademark Law, the owner of a registered trademark can transfer the trademark to others within the scope permitted by law, or to other companies or individuals under his own name for subsequent use. You can also sell it to others for profit. If it is resold, both parties need to sign a transfer agreement, file an application with the Trademark Office, and it will be approved and announced by the Trademark Office. A successful transfer means that the transferee has obtained the ownership of the trademark. If the original trademark holder has identical or similar trademarks registered on the same or similar goods, these trademarks should be transferred together when the trademark is transferred.

Two: Before the company is deregistered, the trademark is transferred to another name. The fate of the trademark is as follows:

1. When the company is deregistered, the ownership of the trademark is determined in the liquidation report

2. The ownership has not been determined at the time of liquidation. All shareholders of the original company will handle the property according to the property left out when the company was canceled and liquidated.

After a company has been deregistered, it can no longer dispose of trademark rights and other assets in the name of the company or enterprise. If you still want to own the trademark under the name of the canceled company, you should do so within the validity period of the trademark. Complete transfer procedures in a timely manner and in accordance with regulations.

Canceling a company does not mean that the trademark and its rights will disappear immediately, but corresponding measures must be taken to transfer or transfer the trademark. , if you don’t know how to deal with it, you can consult a professional intellectual property agency.

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