Do you know what a ownerless trademark is? What are the characteristics of ownerless trademarks? What are the causes of ownerless trademarks? Today, Xiaobian will talk to you about ownerless trademarks, and learn from them!

ownerless trademark refers to a registered trademark that still exists in the trademark registration book of the competent authority due to bankruptcy, dissolution, closure or the death of the trademark owner. In a word, ownerless trademark is a trademark that has no trademark holder but is still legal.

three characteristics of ownerless trademark

1. ownerless trademark still belongs to registered trademark

Although ownerless trademark has no owner, it is still a registered trademark protected by the Trademark Law if the trademark is still within the validity period of 1 years.

2. The ownerless trademark has no trademark holder

Once the enterprise goes bankrupt, closes down or the trademark holder dies, the trademark will become ownerless. This is the most basic feature of ownerless trademarks.

3. The ownership of the trademark has not been determined yet

Because there is no trademark holder for the ownerless trademark, the ownership of the trademark has not been determined, and no one can claim the rights of the trademark.

it is worth noting that ownerless trademarks are not idle trademarks. The similarity between ownerless trademarks and idle trademarks is that both parties are still within the validity period of 1 years. The difference is that the idle trademark still has the owner, but the owner does not use the trademark, and the ownerless trademark means that the trademark holder no longer exists.

what are the causes of the ownerless trademark?

(1) The registrant's trademark awareness is not strong

The emergence of ownerless trademarks is mainly due to the fact that enterprises pay insufficient attention to the asset attributes of trademarks. When an enterprise disposes of tangible assets before bankruptcy, it forgets to dispose of intangible assets, which leads to the emergence of ownerless trademarks.

(2) The enterprise went bankrupt before the successful trademark registration

It usually takes about one year to register a trademark. If you raise an objection, it will take longer. Due to fierce market competition, some enterprises were eliminated before obtaining trademarks, making successfully registered trademarks become ownerless trademarks.

therefore, when the trademark registrant dies or the company is cancelled, attention must be paid to transferring the trademark to avoid the loss of the trademark as an intangible asset.