Current location - Trademark Inquiry Complete Network - Trademark registration - How to transfer the trademark right of a cancelled company?
How to transfer the trademark right of a cancelled company?
Legal analysis: 1. If the obligee is an individual and 1 year has expired since the death or termination of the trademark registrant, anyone can apply to the Trademark Office to cancel the registered trademark.

Under normal circumstances, if no one applies for revocation of a registered trademark in this case, the Trademark Office should not take the initiative to intervene in the revocation.

That is to say, 1 year after the death or termination of a trademark registrant, within the validity period of its registered trademark, as long as no one applies for cancellation.

2. If the obligee is a company, after the cancellation of the company, as long as the relevant registered trademark is still valid, it is still legal property and should be owned by its shareholders.

Legal basis: Article 42 of the Trademark Law of People's Republic of China (PRC) assigns a registered trademark, the assignor and the assignee shall sign an assignment agreement and file an application with the Trademark Office. The transferee shall guarantee the quality of the goods using the registered trademark.

Where a registered trademark is transferred, the trademark registrant shall transfer the similar trademark registered on the same commodity or the same or similar trademark registered on similar commodities together.

The Trademark Office shall not approve the assignment that is likely to cause confusion or have other adverse effects, and shall notify the applicant in writing and explain the reasons.

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.