Trademark trading is a very popular way to obtain trademark rights in today's market. Compared with trademark registration, it is also necessary to file a trademark application with the State Administration for Industry and Commerce. Trademark registration is a blank trademark in trademark application. It has no value in the market, but the value of trademark transfer is high, which is more conducive to promotion. Of course, in a broad sense, this also requires trademark sellers to carry out market brand promotion, and all this is related to the key of trademark transaction cost. If the market value of a trademark is high, the cost of trademark transfer will be high. Therefore, if you want to buy and sell trademarks, what problems should you pay attention to besides the value and cost of trademarks? Next, taking the sale of the 36th kind of trademark as an example, what should the buyers and sellers pay attention to?
the thirty-sixth category mainly includes services provided by financial services and monetary services, and services related to various insurance contracts. This is a service trademark, which contains 361 groups of insurance; Group 362 financial affairs; Valuation of 363 groups of treasures; Group 364 real estate affairs; 365 customs brokers; 366 groups of guarantees; 367 groups of charitable donations; 368 groups are entrusted with management; 369 group pawns and other trademark groups, if the merchant wants to buy the 36th trademark, the matters that both parties need to pay attention to are as follows!
1. The transferor should pay attention to
(1) It is clear that the transferee is limited to enterprises, institutions, social organizations, individual industrial and commercial households, individual partnerships, foreigners and foreign enterprises. Natural persons who are not allowed to engage in business activities according to law shall be limited to the transferee of trademark rights.
(2) The trademark transfer fee shall be paid in installments as far as possible. Part of the expenses shall be paid when signing the contract, and the rest shall be paid after the announcement of trademark transfer approval. You should avoid agreeing to pay once after the announcement of trademark transfer approval.
2. The assignee should pay attention to
(1) The contract shall clearly stipulate that the assignor shall enjoy the exclusive right to use the assigned trademark according to law, and the exclusive right to use the trademark shall be valid. The contract shall be accompanied by a trademark registration certificate. It should be reminded that the transferee should not only rely on the trademark registration certificate provided by the transferor, but also investigate whether the transferor is a trademark registrant. In addition, we should also know whether the name and address of the trademark registrant are the same as those in the business license of the assignor. If the name and address of the transferor's business license are inconsistent with the transferee's Trademark Registration Certificate, the Trademark Office will not accept it.
(2) prevent different producers or service users of the same trademark from being confused, and prevent consumers from misunderstanding the same commodity or service. It should be clearly stipulated that when transferring its registered trademark, the trademark owner shall transfer it to the same assignee, and at the same time transfer other identical or similar registered trademarks of the same kind or similar goods and services.
(3) According to the current laws and regulations, the transfer after the occurrence of a trademark does not affect the effectiveness of prior permission. The licensee may continue to use the trademark within the validity period of the license, which will adversely affect the trademark assignee. Therefore, the licensing status of trademark rights should be clearly defined.
3. Attention should be paid to the assignor and the assignee
(1) According to the second paragraph of Article 39 of the Trademark Law: "After the transfer of a registered trademark is approved, it shall be announced. The transferee shall enjoy the exclusive right to use the trademark from the date of announcement. During this period, the rights and obligations of both parties should be clearly stipulated.
(2) Where the formalities for the transfer of a registered trademark should be clearly handled, the transferor and the transferee shall file an application for the transfer of a registered trademark with the Trademark Office.
the above is what both parties should pay attention to in the sale of 36 kinds of trademarks. Trademark has always been a competitive weapon for enterprises, and it is quicker to buy a trademark than to register it. Bajie Intellectual Property Trademark Transfer Network specializes in trademark transfer, registration, trademark licensing, patent transfer, brand consultant, trademark difficult case agent, brand packaging design and other services. Bajie Zhichan's first-class business team provides customers with professional trademark trading services, and is committed to inserting the wings of intellectual property for all enterprises in China! Bajie intellectual property hot trading categories: clothing trademarks, wine trademarks, cosmetics trademarks, etc., boutique trademarks are all in trademark supermarkets. Bajie intellectual property trademark transfer network, buy a trademark and visit immediately.