Chinese literary giant Lu Xun once said, "Don't be afraid to speculate on the worst malice about the Chinese people." That is to say, wherever there are people, there is human nature. You must not have the intention to harm others, but you must have the intention to guard against others , this is especially true in shopping malls. Take the trademarks that are necessary for starting a company, it is common to encounter scams during trademark transfers. Today Bajie Intellectual Property Trademark Transfer Network will talk about how to handle trademark transfers. To avoid falling into a scam.
1. Pay attention to risky trademarks before signing a trademark transfer agreement
When signing a trademark transfer agreement, many people will ignore a very important detail, that is, whether the trademark has been licensed or mortgaged , transfer, and whether it has been challenged or revoked. If the above situation occurs, you will be involved in endless disputes after purchasing a house, and the legal risks and consequences can be imagined. So, as you can see, a trademark that sounds good and is memorable should not be busy. Before signing an agreement, check the status of your trademark using a trademark search tool. In addition, it should be noted that the "Notice of Trademark Acceptance" does not mean that the trademark has been successfully registered. Only trademarks with a "Trademark Registration Certificate" can be protected by law. If the buyer knows and still insists on purchasing the trademark in the application, the responsibilities and rights risks should be clearly stated in the agreement, otherwise it will be suspected of fraud.
2. Illegal transfer. Beware of "shady" sellers signing agreements with you
Currently, my country's Trademark Law and its implementing regulations only give the Trademark Office the power to approve trademark transfer applications, and do not also stipulate its responsibilities for improper approvals. This provides some criminals with the opportunity to take advantage of legal loopholes to forge the seal of the trademark holder, forge the signature of the trademark holder, transfer someone else's registered trademark to themselves or their affiliates, and apply to the Trademark Office for relevant procedures to commit fraud. "Orthodox" jacket. If prosecuted, they would run away, never appear in court, and the court would not be able to provide them with litigation materials. Once this happens, buyers will not only lose money, but also waste valuable time and miss business opportunities. Therefore, before signing a purchase agreement, it is necessary to verify the true identity of the seller, or seek professional inspection.
3. Lack of integrity, temporary changes, and high transfer fees
When signing a formal trademark transfer agreement immediately, many sellers who lack integrity will still refuse to transfer or transfer for various reasons. Open your mouth with the purpose of asking for a high transfer fee. Buyers often find litigation troublesome, time-consuming and labor-intensive, and they also have to pay attorney fees and investigation and evidence collection fees. They had to swallow their nerve and accept the demands of these unscrupulous sellers, pay them extra fees, and then transfer the trademarks they had negotiated to themselves.
Details determine success or failure. Trademarks are of great significance to enterprises. Whether it is trademark transfer or trademark use, attention must be paid to these issues. For more details, please consult Bajie Intellectual Property Trademark Transfer Network!