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What should I pay attention to when buying a trademark?

Compared with trademark registration applications that are time-consuming and labor-intensive and involve various unpredictable risks during the application process, purchasing a registered trademark is a good choice for some companies that want to seize business opportunities and markets. . However, when companies purchase trademarks, they still need to consider the following issues:

(1) Before purchasing, consider whether the meaning and design of the trademark to be purchased are in line with the corporate cultural connotation, and whether the trademark designates the goods or services Whether it is suitable for their own business fields. For example, tobacco companies can choose among the trademarks registered in Category 34 of the Nice Classification (tobacco; smoking utensils; matches). They must purchase "purposefully" and be targeted.

(2) To confirm the validity of the trademark to be purchased, it is necessary to check the status of the trademark to be purchased (whether it is valid), ownership (whether the party selling the trademark is the trademark owner), whether there is a license, and whether there is a pledge (whether it is valid). existence of rights defects) etc. shall be verified. If there are various problems with the trademark after inquiry, such as the extension period has expired, the trademark has been pledged/licensed, or there are other rights defects concealed by the right holder, then after purchase, the buyer will not only not get the trademark rights he wants, but will also cause Economic losses. If the trademark you intend to purchase has been registered for more than 3 or 5 years (for overseas trademarks, some countries have a 5-year exemption period), you need to further confirm whether the right holder has used the trademark. If so, ask the other party to provide it. Relevant evidence of use to avoid the risk of revocation due to non-use.

(3) Confirm whether the trademark owner has other identical or similar trademarks that have not been transferred together. If so, the transfer registration is likely to be disapproved by the State Intellectual Property Office.

(4) Confirm the trademark price, sign the purchase agreement and prepare relevant transfer materials, confirm the trademark transfer and filing and registration procedures, and bear the corresponding expenses.

(5) After the trademark purchase and transfer is completed, the trademark must be actively used and maintained to enable it to exert its due commercial value.