Trademarks come, trademarks go, and trademarks come and go. Through trademark transfer, more enterprises have the opportunity to use a trademark. Bian Xiao tip, good luck, maybe big brands in the future will use your trademark. Of course it doesn't work for you. Ha ha. I heard that you are from Shanxi before, and everyone will ask, does your family have much coal? Is it the son of the coal boss? Therefore, the coal boss was labeled as the "nouveau riche" of the times, but since the reorganization of Shanxi coal in 2008, the name "coal boss" has gradually become a thing of the past.

Although the status of "coal boss" withdrew from the historical stage, the local tyrants who saved huge sums of money began to play in the second half. Those coal bosses who have disappeared want to buy a house in Beijing (the word "have to" is good for their hearts) and earn a lot of money when house prices soar, which is very inspirational and tragic.

Then, after the cancellation of the coal boss company, where should the trademark go?

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Before the cancellation of the company, we should plan the trademark.

Some customers have the same question. They asked how to transfer the trademark to the name of the cancelled company. This is a "sequela". These companies often ignore the arrangement and protection of trademarks when they cancel. As a result, they found that the trademark was still in the name of the original company after cancellation, which was not only inconvenient to use, but also an irregular use in the Trademark Law.

Therefore, Biao Xiaoge suggested that the company take some measures to transfer or transfer its trademark before and after cancellation, so that its trademark can be protected stably and effectively for a long time.

It is of course the best choice to take certain measures against trademarks before the company cancels. Before the cancellation of the company, the trademark under its name may be transferred to other companies or individual operators.

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How to transfer an existing trademark?

If the company does not transfer the trademark at the time of cancellation, the enterprise may transfer the trademark by transfer when the ownership has been decided. Article 32 of the Regulations for the Implementation of the Trademark Law stipulates that if the exclusive right to use a registered trademark is transferred for reasons other than transfer, the party accepting the exclusive right to use a registered trademark shall go through the formalities for the transfer of the exclusive right to use a registered trademark at the Trademark Office with relevant supporting documents or legal documents.

The transfer of a registered trademark refers to the transfer of the exclusive right to use a trademark for reasons other than transfer. Mainly due to the elimination of the subject of trademark rights and the inheritance of trademark rights by its heirs. The transfer of trademark rights is different from the transfer of trademark rights. It is not a legal act of both parties. It was caused by the event that the successor eliminated the trademark right. As long as the heir accepts the trademark right and goes through the formalities of transferring the registered trademark to the Trademark Office, the transfer of the trademark right can be realized.

There are two situations in which a registered trademark is transferred:

1. If a natural person who is the owner of a trademark dies, his successor shall inherit his registered trademark in accordance with the relevant provisions of the Inheritance Law.

2. As a trademark owner, the enterprise goes bankrupt or is merged or merged, and its trademark right is inherited by the merged or merged enterprise. Where a registered trademark is transferred, the party accepting the transfer of the exclusive right to use the registered trademark shall go through the formalities for the transfer of the exclusive right to use the registered trademark at the Trademark Office with relevant supporting documents or legal documents.

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How to transfer undecided trademarks?

If the ownership is not determined, all shareholders of the original company may dispose of the property that was omitted when the company was cancelled and liquidated. If you want to transfer a trademark, you can apply for trademark transfer by the liquidation organization or department that accepts the enterprise property.

After the cancellation of the company, the validity period of trademark transfer (transfer) is only 1 year.

One problem is that after the cancellation of the company, the validity period of trademark transfer (transfer) is only 1 year. The Regulations for the Implementation of the Trademark Law stipulates that: if a registered trademark dies or terminates, and 1 year has elapsed since the date of death or termination, and the registered trademark has not been transferred, anyone may apply to the Trademark Office for cancellation of the registered trademark.

In other words, the trademark will be automatically cancelled one year after the main body of the company disappears. You can transfer the trademark with the relevant cancellation certificate within one year, and you will not have this right after one year.

I would also like to remind you that in order to transfer intangible assets such as trademarks in time, the company needs to keep electronic files, copies of business licenses and official seals before cancellation, which can be used as proof of transfer at any time.

Companies are valuable, but brands and trademarks are more valuable. Companies are easily replaced, but trademarks are not easily replaced. Therefore, enterprises must make more plans for trademarks when canceling their companies.

As the platform with the largest trade volume of trademarks in China, Intellectual Property Group can transfer trademarks on our platform with peace of mind, peace of mind and peace of mind if you have idle trademarks.