Trademarks come, trademarks go, trademarks come and go. Through trademark transfer, more companies have the opportunity to use a trademark. The editor reminds you, with good luck, maybe a big brand in the future will use your trademark. . Of course, this is of no use to you. hehe. I heard that you are from Shanxi. People would ask, does your family have a lot of coal? Are you the son of a coal boss? Therefore, coal bosses have been labeled as the "upstarts" of the times. However, since Shanxi's coal restructuring and restructuring in 2008, the term "coal bosses" has gradually become a thing of the past.

Although the identity of "coal boss" has withdrawn from the stage of history, the local tycoons who have saved huge sums of money have already started playing the second half. Those disappeared coal bosses have no choice but to buy houses in Beijing (" The word "has no choice but" is very heartbreaking), and he made a lot of money when housing prices soared. It is quite inspiring and tragic that "the times have destroyed the coal industry, and having money allows me to integrate into the new industry."

So where will the trademark go after Coal Boss Company is cancelled?

1

Before the company is cancelled, it is necessary to plan for the trademark

Yes There are also some customers who have the same question. They ask how to transfer the trademark under the name of the company that has been canceled. This is a "sequelae". These companies often neglect to organize and protect their trademarks when they cancel. As a result, after the cancellation, they find that the trademark is still under the name of the original company. Not only is it very inconvenient to use, but it is also an irregularity in the trademark law. use.

Therefore, Brother Biao suggested that the company should take some measures to transfer or transfer its trademarks before and after deregistration, so that its trademarks can receive long-term, stable and effective protection.

It is of course the best choice to take certain measures on the trademark before the company is cancelled. Before the company is cancelled, it can transfer the trademark under its name to other companies or individual traders.

2

How to transfer an already owned trademark?

If the company does not transfer the trademark when deregistering, the company can transfer the trademark if it has already decided to own it. Transfer the trademark. Article 32 of the "Regulations for the Implementation of the Trademark Law" stipulates: If the exclusive right to a registered trademark is transferred due to inheritance or other reasons other than transfer, the party accepting the exclusive right to the registered trademark shall go to the Trademark Office with relevant certification documents or legal documents. Procedures for transfer of exclusive rights to registered trademarks.

The transfer of a registered trademark refers to the situation where the exclusive right to use a trademark is transferred due to reasons other than transfer. Mainly because the trademark owner is extinguished and his successors inherit the trademark rights. The transfer of trademark rights is different from the transfer of trademark rights. It is not a legal act between the parties. It is caused by the event of being eliminated by the successor. It can be realized as long as the successor accepts the trademark rights and completes the transfer procedures of the registered trademark with the Trademark Office. Transfer of trademark rights.

There are two situations when a registered trademark is transferred:

1. When a natural person who is the trademark owner dies, his heir will inherit his registered trademark in accordance with the relevant provisions of the inheritance law.

2. If the enterprise as the trademark owner goes bankrupt or is merged or merged, its trademark rights will be inherited by the merged or merged enterprise. For the transfer of a registered trademark, the party accepting the transfer of the exclusive right to the registered trademark shall go to the Trademark Office to handle the transfer procedures of the exclusive right to the registered trademark with the relevant supporting documents or legal documents.

3

How to transfer a trademark whose ownership has not been decided?

If the ownership has not been decided, all shareholders of the original company can claim the property left out when the company was liquidated. be processed. If you want to transfer a trademark, you can apply for trademark transfer by the liquidation organization or department that accepts the property of the enterprise.

After the company is cancelled, the trademark transfer (transfer) is only valid for 1 year

One problem is that after the company is cancelled, the trademark transfer (move) is only valid for 1 year. The "Regulations for the Implementation of the Trademark Law" stipulates: If the trademark registrant dies or terminates, and one year has expired from the date of death or termination, and the registered trademark has not been transferred, anyone can apply to the Trademark Office to cancel the registered trademark.

In other words, one year after the company disappears, the trademark will be automatically canceled.

Within one year, you can transfer the trademark with the relevant cancellation certificate, but you will no longer have this right after one year.

I would also like to remind you that in order to transfer intangible assets such as trademarks in a timely manner, the company needs to keep electronic files, copies of business licenses and official seals before deregistration, which can be used as transfer certification conditions at any time.

Companies are valuable, but brand trademarks are more valuable. Companies are easily replaced, but trademarks are difficult to replace. Therefore, companies must make more plans for trademarks when canceling the company.

Intellectual Property Group is the platform with the largest trademark transaction volume in the country. If you have an idle trademark, you can transfer it on our platform with peace of mind and peace of mind.