What are the risks in trademark transfer?
1. Has the trademark been approved for registration? If the traded trademark is not registered at all, or has not been renewed in time when it expires, or has been revoked or invalid according to law, there is no legal exclusive right to use the trademark, and anyone has the opportunity to use it, or even be registered by others, thus hindering his rights such as ownership or use right obtained from trademark trading. However, it is not easy to claim the unique name or appearance of a well-known trademark or commodity. 2. Is the trademark still being applied for registration? In some cases, although the trademark has not been approved for registration, it may have formally applied for registration. However, such a trademark may not be approved for registration because of legal obstacles such as lack of distinctiveness and infringement of prior rights. In fact, at present, many courts have admitted that unregistered trademarks can be transferred or licensed, but in this way, the legal and commercial risks of the transferee and the licensee are extremely great. Therefore, it is necessary to find out the trademark registration of the other party, and of course, it should be clear when signing the contract that the trading trademark must be a valid registered trademark. Because even if the trademark is finally approved for registration, there may be trademark objections during the process from trademark application to trademark approval and registration, which will keep you busy. 3. Does the other party have the right to dispose of the trademark right? After finding out the authenticity of the trademark registration, you should also know whether the person you are dealing with has the right to dispose of the registered trademark, whether he is the right holder (registrant or owner) of the registered trademark, or an agent specially authorized by the right holder, or a licensee who is allowed to delegate. If the trademark is owned by * * *, has it been approved by * *? You can check the trademark registration certificate, trademark transfer contract, trading authorization, or inquire about the trademark announcement and China Trademark Network to find out who is the real owner of the trading trademark and who has the right to transfer, license or pledge the trademark at present. 4. Where is the trademark registration valid? The validity of the trademark right is regional. The trademark registered in China is only valid in China, and the trademark registered in France is only valid in France. If you want to obtain the ownership or use right of a trademark in China, you must confirm that the trademark has been registered in China. 5. When the trademark registration expires, the trademark registration has a time limit. The validity period of China's trademark law is 1 years. However, the registration can be renewed after the expiration. The key issue is that if the trademark registration is about to expire, the relevant parties should urge the trademark registrant to complete the renewal procedures. Especially before the transfer (the subsequent exhibition of the transfer is the transferee's own business), or during the licensing and pledge period, it is necessary to ensure the renewal of the registration of the trademark registrant so as not to damage their own commercial rights and interests. 6. Is the traded trademark consistent with the approved registered trademark? Although the other party's trademark is approved for registration, is the traded trademark consistent with the approved registered trademark? According to Article 56 of the Trademark Law, "the exclusive right to use a registered trademark is limited to the registered trademark and the goods approved for use." A trademark that is inconsistent with a registered trademark (especially one that is quite different) may not enjoy the exclusive right to use a trademark. 7. What are the goods or services designated by the trademark? The exclusive right to use a registered trademark is limited to the goods or services approved for use. It is necessary to find out whether the obligee has exceeded the approved scope of use, issued a license or engaged in transfer, because this may lead to trademark infringement and other problems, if others have registered the same or similar trademarks on those goods or services that the obligee has exceeded the approved scope of use. In addition, it is also very important to check whether the product or business scope you need to use is consistent with the goods or services specified in the other party's trademark registration, and to check the consistency between the other party's trademark registration and your own business.