If a company fails to dispose of its registered trademark before deregistration, it will remain a legal property as long as the relevant registered trademark is still valid after deregistration, and the rights and obligations of the company can be inherited by the relevant registered trademark rights in derivative acquisition. To this end, Article 26 of the Regulations for the Implementation of the Trademark Law in 22 and Article 32 of the Regulations for the Implementation of the Trademark Law in 214 all stipulate the transfer system of the exclusive right to use a registered trademark, that is, "If the exclusive right to use a registered trademark is transferred due to other reasons besides the transfer, the party accepting the exclusive right to use the registered trademark shall go through the transfer formalities at the Trademark Office with relevant supporting documents or legal documents."
In short, if the company forgets to transfer the trademark before cancellation, the registered trademark will remain valid as long as it is still in the validity period after cancellation. However, trademark transfer procedures are required.
so what documents does the trademark transferor need?
1. Power of attorney (in the case of entrusting an agency);
ii. identification documents of the transferee;
3. Application for trademark transfer;
iv. cancellation certificate issued by the industrial and commercial authorities of the transferor company; ?
v. the qualification certificate of liquidation group and liquidation report documents filed by the industrial and commercial authorities of the transferor company; ?
VI. The certificate that the liquidation group of the transferor company or all shareholders agree to the transfer (transfer);
VII. Identification certificates of all shareholders of the transferor company;
if the ownership of all trademarks has been clearly defined in the liquidation report, it is unnecessary to produce the certificate of consent to transfer in Article 6.
Although the cancellation of the company does not mean the extinction of the trademark right, corresponding measures should be taken to transfer or transfer the trademark. If left unattended, the trademark will disappear with the cancellation of the company. ?
As an intangible asset of an enterprise, a trademark, like a child born by an enterprise, needs careful care in order to thrive. Therefore, applicants should be reminded that trademark management also needs attention in the daily business management of an enterprise, and you must not forget that your company still has a trademark when the company needs to cancel!