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What legal status should enterprises pay attention to when purchasing trademarks?

Nowadays, enterprises all know the importance of trademarks. Many enterprises will choose to buy trademarks to obtain a trademark. However, it is not that simple to buy a trademark. The legal status of a trademark should be paid attention to. Let's take a look at it together with Net Xiaobian:

1. Is the transferred trademark a valid trademark? When you find a favorite trademark and want to buy it, you should first check whether the legal status of the trademark is valid on the official website of the Trademark Office to find out whether the trademark exists and whether it exists.

2. Check and confirm the service life of the trademark: Article 39 of the Trademark Law stipulates that the validity period of a registered trademark is ten years, counting from the date of approval of registration; Article 4 stipulates that if a registered trademark needs to be used continuously after its expiration, the trademark registrant shall go through the renewal procedures in accordance with the regulations within 12 months before its expiration.

in short, both parties should remember to put forward the obligation to renew the trademark in the contract when it is being renewed or extended. If the trademark has passed the grace period, then the transfer cannot be approved.

3. Licensing of trademark transfer: The transferee should know whether the transferor has licensed the trademark to other companies before transferring the trademark.

in short, after the trademark is transferred, the licensee can still use the trademark within the validity period of the license contract, which will have an adverse impact on the transferee of the transferred trademark. For the transfer of trademarks previously licensed to others, it is best for both parties to reach an agreement on this issue to avoid unnecessary troubles in the future.

4. whether the trademark is pledged or frozen: before the transfer, the transferee needs to pay attention to whether the transferred trademark has been pledged or frozen. A trademark sealed up by the people's court and a trademark registered as pledge shall not be transferred without the consent of the people's court and the pledgee during the sealing-up period and the pledge period.

5. Has the trademark been transferred repeatedly? In order to defraud the high trademark transfer fee, some lawless elements cheat the assignee who is eager to obtain the trademark certificate through the fraudulent means of transferring the trademark repeatedly. Therefore, the transferee needs to investigate the authenticity of the trademark registration certificate provided by the transferor and whether the transferor is a trademark registrant and whether the name of the transferor is consistent with the name of the applicant on the official website of the Trademark Office.

The above five points are the legal status of several trademarks that enterprises must pay attention to when purchasing trademarks. Friends who haven't seen enough can also visit our trademark website official website to consult customer service.