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Trademark transfer is risky, the transferee must have a sharp eye

Most people think that trademarking is just a matter of following the process, which is very simple, including trademark licensing, trademark transfer and other transactions. But they don’t know that there are too many tricks in it. You're in trouble.

First of all, although the trademark in question has not been approved for registration, it may have formally applied for registration. This situation may occur. However, such a trademark may not be approved for registration due to legal obstacles such as lack of distinctiveness and infringement of prior rights.

Laws and regulations do not prohibit the transfer and licensing of trademarks that have not been approved for registration. The parties to the trademark license have no prior agreement on whether the trademark will be approved for registration. Failure to register a trademark used or transferred by one party with permission constitutes fraud. Claims that the contract is invalid for any reason will not be supported. In other words, a trademark can be transferred or licensed before it is approved for registration.

But in this case, the legal and commercial risks of the transferee and licensee will be extremely huge. Therefore, you must check the other party’s trademark registration status. Of course, you must also make it clear when signing the contract that the transaction trademark Must be a valid registered trademark. Because even if the trademark is finally approved for registration, trademark objections may occur during the process from trademark application to trademark approval and registration, leaving you exhausted. Although the trademark is finally approved and registered, and you also obtain the ownership of the trademark, you may also be worried during this process, which cost you a lot of time and energy!