Q: My company has been cancelled. What should I do with the trademark? If the company has not been cancelled, it can be transferred to others before the company is cancelled. If it has been cancelled, the trademark will also be considered invalid and the trademark must be re-registered. . If the trademark registrant cancels the trademark before the expiration of the exclusive right to use the trademark, the exclusive right to the trademark shall of course be terminated, and the registrant shall no longer enjoy any rights in relation to the trademark, and shall not be able to make any disposition of the trademark, including licensing and transfer. The author believes that its trademark should be restored to its original state (the state before registration) and entered into the public domain. There are similar provisions in the current Trademark Law of Taiwan. Article 33 of Taiwan's Trademark Law stipulates that if the trademark owner ceases to operate, the trademark owner dies without an heir or has no heir. If the transfer registration is carried out within one year from the date of death of the owner of the exclusive right to the trademark, the exclusive right to use the trademark will be automatically extinguished. It can be seen that after the enterprise is deregistered, its trademark exclusive rights will certainly disappear, which is in line with the spirit of the law. In 1992, the Trademark Office of the State Administration for Industry and Commerce held in its reply letter on the issue of the exclusive right to use trademarks after the termination of corporate legal persons that the exclusive right to use registered trademarks of corporate legal persons also terminates after the liquidation activities are completed (after the liquidation process is completed, The enterprise shall be deregistered after approval by the industrial and commercial authorities). It can be seen from this that in practice, the relevant competent authorities also believe that the exclusive right to use a trademark of an enterprise is automatically extinguished after it is deregistered. Patent rights and copyrights, which are both intellectual property rights like trademark rights, enter the public domain after the expiration of the rights. The validity period of the patent right is 10 years. After the expiration of the patent right, the patent enters the public domain; the property right part of the copyright is valid for 50 years and enters the public domain after the expiration of the right. Although the Trademark Law does not clearly stipulate that a trademark will enter the public domain after the expiration of the trademark right, this conclusion can be inferred from the provisions that others can apply for a similar trademark. In summary, during the period from the cancellation of the enterprise to the cancellation of the trademark, identifying the trademark as unclaimed property and entering the public domain does not violate the spirit and regulations of the law, and provides an effective way to solve such problems. Although according to the provisions of the current Trademark Law, such trademarks are still considered valid before cancellation procedures are completed, after the subsequent trademark applicant obtains sufficient evidence, the subsequent similar trademark should be allowed to be registered and the subsequent trademark application should be maintained. people’s legitimate rights and interests.