Where can I go to handle trademark transfer? Is trademark transfer troublesome? The editor has sorted out where to go to handle trademark transfer and shared it with everyone. You are welcome to read it, it is for reference only!
Trademark transfer channels:
Trademark transfer must be handled at the Trademark Office of the State Administration of Administration. That is, I personally take the information to the Beijing Trademark Office to handle it. The specific phone number can be found on the official website of China Trademark Network.
If you don’t want to go to Beijing to handle it, you can ask an agency to handle it. Of course, when looking for an agency, it is not advisable to just find one. After all, trademarks are virtual things. It is best to find a very good agency.
How to choose a formal and legal agency
The first point is that the company must be an agency recognized by the Industrial and Commercial Bureau and have a formal business license. If a company is not recognized through legal procedures, it is usually informal. Customers should not cooperate with sub-companies easily.
The second point is that the company has a complete set of detailed systems and specific operating procedures to ensure that every service is legal and the services provided are supported by legal basis.
The third point is that the company has certain authority in the industry and has a good reputation. And we have long-term and stable relationships with many enterprises.
What are the risks in trademark transfer?
1. The trademark has been sealed and frozen by the court and has been privately licensed for use, such as ?爱多?, ?IDALL? and other trademarks;
2. Before the bankruptcy and liquidation of the company, the former employee of the company secretly transferred the trademark to a third party in violation of the Bankruptcy Law;
3. The trademark was privately transferred to a third party in violation of the agreement between the two parties. , some companies are "ghosts" at work, and shareholders privately transfer trademarks to their own separate companies;
4. After the two parties signed a "Trademark Use License Contract" and filed it with the Trademark Office, they were licensed The person privately transfers the trademark to his own name;
5. The distribution agent privately transfers the agent's trademark to his own company name;
6. Registered agent The company secretly registers the agent's trademark abroad and transfers it to a foreign company, prohibiting the domestic agent's products from being sold abroad, and triggering foreign-related litigation;
7. Privately registering the trademark of another person in a foreign country. Trademarks registered abroad are transferred to the name of one's own domestic company, and the products of the original domestic trademark owner are prohibited from being sold in that country;
8. Some illegal trademark firms impersonate the trademark without the consent of the holder. Sign, complete the transfer procedures, and swallow the money.
How to deal with the risks in trademark transfer?
There are mainly the following countermeasures to deal with the risks of trademark transfer:
(1) Understand the qualifications of the firm. Since it takes 3 to 4 years for a successful trademark registration to be issued, and about 6 to 12 months for trademark transfer, the founding year of the trademark office should be greater than these times.
(2) The transfer process must have the seal and certification of the Trademark Office. In the presence of both parties, go to the trademark office registered with the Trademark Office to transfer the seal and do trademark notarization.
(3) Select the trademark you like before completing the transfer, otherwise you will not like the transferred trademark, resulting in a waste of manpower and material resources.
What threats need to be guarded against in trademark transfer transactions
From the current trademark practice, my country’s Trademark Law and Implementing Regulations only give the Trademark Office the power to approve trademark transfer applications, and do not simultaneously stipulates liability for improper approval behavior. Due to the lack of proper supervision of administrative power, administrative agencies often have power but no responsibility. The Trademark Office's power to approve trademark transfer applications is almost unrestricted, providing opportunities for criminals to take advantage of it.
Some criminals take advantage of legal loopholes to forge the seal of the trademark owner, counterfeit the signature of the trademark owner, transfer the registered trademark of others to themselves or a third party designated by them, and file a request with the Trademark Office Apply for relevant procedures and deceive others into appearing "legitimate". After criminals obtain someone else's registered trademark through illegal means, they often transfer or license the trademark to others to earn economic benefits, while the original trademark owner is kept in the dark and suffers huge losses; or they may demand compensation from the original trademark owner. A high reward in exchange for the trademark, and the threat of prosecution for trademark infringement if rejected.
If the original trademark owner files a lawsuit to confirm the invalidity of the trademark transfer using them as the defendant, they will run away and not show up in court at all, and the court will not be able to serve them litigation materials, which will bring many difficulties to the court in hearing such cases. At the same time, some rights holders find litigation too troublesome. Not only is it time-consuming and labor-intensive, but they also have to pay legal fees, investigation and evidence collection fees and other litigation expenses. They have no choice but to accept the demands of the lawbreakers and pay them a sum of money to transfer their rights. Transfer the trademark to yourself.
Some criminals have taken advantage of this weakness of the trademark owner, and the amount they ask for is generally roughly equivalent to the amount paid by the trademark owner for the lawsuit, and try their best to induce the trademark owner to pay for the transfer. peaceful settlement at no cost. For those trademarks with important value or high reputation, they are very aggressive and demand high transfer fees.
The above is where the editor provides you with where to go to handle trademark transfer. I hope you like it!
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