If a company does not dispose of its registered trademark before deregistration, after the company is deregistered, as long as the relevant registered trademark is still within the validity period, it will still be a legal property, and the successor of the company's rights and obligations can inherit it. Subject to obtaining relevant registered trademark rights. To this end, Article 26 of the 2002 "Trademark Law Implementation Regulations" and Article 32 of the 2014 "Trademark Law Implementation Regulations" both stipulate the transfer system of exclusive rights to trademarks, namely: "the exclusive right to register a trademark" If the transfer occurs 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 to handle the transfer procedures of the exclusive right to the registered trademark with relevant supporting documents or legal documents.”
Simple. In other words, if the company forgets to transfer the trademark before deregistration, after the company deregisters, as long as the registered trademark is still valid, it will still be valid. However, trademark transfer procedures need to be completed.
So what documents does the transferor need to transfer a trademark?
1. Letter of attorney (in the case of entrusting an agency);
2. Identity of the transferee Supporting documents;
3. Application for trademark transfer;
4. Cancellation certificate issued by the industrial and commercial authorities of the transferor company;
5. Industrial and commercial authorities of the transferor company The registered liquidation team qualification certificate and liquidation report document;
6. Proof that the transferor company’s liquidation team or all shareholders agree to the transfer (transfer);
7. The entire transferor company Proof of identity of shareholders;
If the liquidation report has clarified the ownership of all trademarks, there is no need to produce the documents proving the transfer agreement in Article 6.
Although the cancellation of a company does not mean the demise of the trademark rights, corresponding measures must be taken to transfer or transfer the trademark. If ignored, the trademark will disappear with the cancellation of the company.
Trademarks, as intangible assets of an enterprise, are like children conceived by an enterprise. They need to be carefully cared for in order to thrive. Therefore, applicants are reminded that in the daily business management of enterprises, trademark management also needs to be paid attention to. Yes, when your company needs to be deregistered, don’t forget that your company still has a trademark!