1. Do research before trademark transaction

Trademark trading mainly involves the transfer and assignment of exclusive rights to trademarks. If the traded trademark is not registered or the registration is not renewed in time when it expires, then there is no so-called exclusive right to the trademark. That is to say, the buyer cannot obtain ownership, use rights and other rights from the transaction.

Therefore, it is very important to conduct trademark investigation before trademark transaction, mainly including:

1. Investigation of trademark rights status

This includes investigation Whether the trademark has been approved for registration or is being registered, when the right to use the trademark expires, whether the trademark has been revoked or expired, etc. Only by ascertaining the authenticity of the trademark registration and the stability of its power status can we further understand and make decisions. Whether to start a transaction.

2. Investigation of the actual use of the trademark

Understand in detail what goods or services the trademark is designated to use, whether the trademark is being licensed, and whether the right holder has exceeded the approved use limit range etc. In addition, you need to know that the constituent elements of a trademark may have copyrights due to the originality of the work, and investigate whether the copyrights of these elements are also in the hands of the trademark owner to avoid infringement incidents.

3. Determine the possible risks of the trademark

Understand whether the other party has the right to dispose of the trademark rights, where the trademark registration is valid, and even whether the trademark that the seller finally traded is in The registration category, name, graphics, etc. are consistent, etc.

In addition, it should be noted that when similar goods are using the same trademark, the rights cannot be divided and transferred during transactions; and when the original trademark owner uses two similar trademarks for the same goods or service options, As for trademarks, you can’t just buy or sell one of them.

2. Illegal transfer

The so-called illegal transfer of a registered trademark means that the transferor of the registered trademark is not the owner of the registered trademark, or the transferor does not transfer the registered trademark without the consent of the owner of the registered trademark right. And secretly transferred its registered trademark through fraud and other unfair means.

Due to objective loopholes in the existing trademark transfer procedures, it is not difficult to do such a thing. Although it is entirely possible to solve and protect the interests of the trademark owner through legal means afterwards, the parties involved suffer. The heavy losses will be irreparable.

3. Invalid transfer

Invalid transfer means that the transfer of a registered trademark does not comply with the restrictions stipulated in the trademark law.

Although both parties have signed a trademark transfer agreement and Party B has paid the trademark transfer fee, it is impossible for the registered trademark transfer application to be approved by the National Trademark Office. Therefore, the trademark The transfer is void. And because the trademark transfer is invalid, the owner of the trademark remains unchanged.

Since the National Trademark Office takes a certain amount of time to review the transfer of registered trademarks, it cannot be immediately determined whether the transferred trademark can be approved for transfer and registration by the National Trademark Office after the trademark transfer agreement is signed. The uncertainty of trademark rights makes it easy for trademark transferees to be infringed.

IV. Partial transfer

Partial transfer means that the transferor of a registered trademark does not transfer other similar similar trademarks related to the transferred trademark rights to the trademark transferee. Instead, the transferor intentionally or unintentionally retains or conceals some similar trademarks that are similar to the transferred trademark. After the transfer of the trademark, the transferor can still use other trademarks that are similar to the transferred trademark, causing substantial harm to the trademark transferee. .

The issue of partial transfer is essentially one of the cases of invalid transfer. However, in order to avoid this situation, according to Article 42 of the Trademark Law, “when a registered trademark is transferred, the trademark registrant shall transfer a similar trademark registered on the same kind of goods, or an identical or similar trademark registered on similar goods. "Trademarks should be transferred together." Therefore, the National Trademark Office will also conduct a special review in this regard when processing trademark transfer applications.

In addition to the above four points that need attention, a trademark transfer contract needs to be negotiated before trademark transactions, because trademarks are intangible assets and must be completed through legal procedures. At the same time, it is also necessary to file the contract with the National Trademark Office and register the transfer of the registered trademark to protect the legitimate rights and interests of the trademark owner and the transferee.

Summary

Rights holders who intend to conduct trademark transactions are reminded that in addition to paying attention to the above four points, they should also pay attention to the name, trademark number, trademark category, and trademark name when signing a contract. Agreed price and liability for breach of contract.