Trademark transfer facilitates us to obtain the right to use the trademark as soon as possible, but there are also some risks, which require us to pay more attention during the transfer:
1. Whether the transferred trademark is a valid trademark
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Before transferring a trademark, you must first check the status of the trademark to see if it has been revoked or cancelled. Only after confirming that the trademark is a valid trademark can the transfer be carried out.
2. The remaining useful life of the trademark
The trademark is valid for 10 years from the date of registration approval. After the expiration, the trademark must be renewed before it can continue to be used. Otherwise you will face the risk of revocation. Therefore, before the transfer, the transferee must check the remaining useful life of the transferred trademark. For trademarks that are in the renewal period or extension period, the transferor must go through the renewal procedures as soon as possible. Generally speaking, the higher the remaining useful life of a trademark, the higher the price.
3. Trademark licensing status
In addition to transferring a trademark, the transferor can also license others to use its registered trademark by signing a trademark license contract. Even if the trademark is eventually transferred, the licensee can continue to use the trademark during the validity period of the license contract. Therefore, the transferee should know whether the trademark has been licensed to other companies before the transfer to avoid harming its own interests.
4. Whether the trademark has been pledged
For trademarks that have been seized by the people's court and trademarks that have been registered as pledged, during the seizure period and the pledge period, no rights have been obtained from the people's court and the pledge It cannot be transferred without the consent of the person.
5. Whether the trademark has been transferred repeatedly
In order to prevent criminals from committing fraud by repeatedly transferring the trademark, the transferee should check whether the trademark has been transferred before the transfer to prevent cheated.
6. Obtain transfer approval procedures from the Trademark Office
To handle trademark transfer, after both parties sign the "Transfer Agreement", they must also obtain the transfer approval procedures from the Trademark Office. If this procedure is not obtained, Even if the transfer fee has been paid, the trademark ownership is still in the name of the transferor. The transferee has not obtained legally recognized trademark ownership and faces huge legal risks.
Trademark transfer is a flexible allocation of trademark resources, which is beneficial to both parties to the transaction. The risks in the trademark transfer process can be greatly avoided by doing enough homework in the early stage. If you are not familiar with trademarks, you can also entrust a professional agency to handle it on your behalf, making the trademark transfer more secure.