1. Is the trademark approved for registration?
Where a trademark has not been registered or has not been renewed in time after its expiration, or has been revoked or invalidated according to law, it does not have the exclusive right to use a trademark. Anyone has the opportunity to use a trademark, or even be registered by others, which hinders his own ownership or use right from trademark transactions. Of course, assuming that unregistered or unregistered trademarks are the unique names and appearances (packaging and decoration) of well-known trademarks or well-known commodities, or can be protected by the Trademark Law or the Anti-Unfair Competition Law, it is not easy to claim the unique names or appearances of well-known trademarks, or we think all well-known commodities.
2. Do you have the same or similar trademarks?
If the trademark ownership of the other party is obtained through trademark transfer or enterprise merger. In order to avoid the market confusion caused by the existence of related trademarks in the future, or even violate the mandatory provisions of the law, you need to check whether the other party has similar transactions. E trademark and other trademarks, and further consider whether it is necessary to consider these related defensive trademarks, joint trademarks and other businesses. These trademarks are all assigned together.
According to the second paragraph of Article 42 of the Trademark Law, "where a registered trademark is transferred, the trademark registrant shall transfer the similar trademark registered on the same commodity or the same or similar trademark registered on similar commodities." The third paragraph of this article stipulates: "The Trademark Office shall not transfer its registered trademark. For the transfer that is likely to cause confusion or other adverse effects, it shall notify the applicant in writing and explain the reasons. " It can be seen that similar trademarks registered on the same or similar goods and the same trademarks registered on similar goods should be transferred together. She ... this is a mandatory requirement of the trademark law, otherwise the transfer will encounter legal obstacles.
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3. Is the trademark controversial?
Is there any ownership dispute, cancellation dispute or invalid dispute about the trademark? If these disputes exist, the other party may lose the trademark ownership in the future, or even terminate the trademark registration due to revocation or invalidation. It is worth noting that in some trademark contract disputes, if there is no clear agreement, although the trademark registrant has not disclosed the facts of the trademark dispute, it does not have to bear the liability for breach of contract.
4. Tolerance of identical or similar trademarks registered across categories
Trademark law does not require the transfer of identical or similar trademarks registered on different or similar goods. However, from the perspective of commercial prudence, it is necessary to evaluate which types of identical or similar trademarks should be obtained together to avoid future commercial confusion. For example, the obligee registered trademarks on 12 and 28 cars respectively. When you buy a car trademark, you'd better buy a toy trademark at the same time. It does not belong to two brands after purchase, otherwise the toy car will conflict with your real car when using the trademark in the future.
5. Is there a trade name or domain name identical to the trademark?
In order to effectively protect trademarks, some enterprises not only registered defensive trade mark and United trademarks, but also kept the same trademarks as enterprise names and domain names. Although you bought the trademark, people still kept the same name or domain name as the trademark. Do you need to think this is an acceptable result? If Shanghai Mickey Toys Co., Ltd. sells you the trademark of Mickey Toys, but the other party is still called Mickey Toys Company after selling the trademark, it is an ambush bomb after all. Imagine, if the other party is still making toys, will consumers have a clear division of Mickey Toy Company's toy products or their packaging, although Mickey's trademark is not used, but it is still eye-catching?
6. Are trademarks traded according to registered trademarks?
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." Trademarks that are inconsistent with registered trademarks, especially those with great differences.