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Is trademark holding legal?

Illegal.

The reason for the emergence of trademark holding: Since trademark registration takes a long time, and some trademarks are not approved in the end, some people want to apply for a trademark in their personal name first and wait until the trademark is registered. Register a company and conduct business activities.

Suffering from the lack of a "Business License for Individual Industrial and Commercial Households", a few trademark agencies have launched a "trademark agency" business. The purpose is to first apply for the customer's trademark under the name of the trademark agency, and then wait for it to be processed later. Then transfer it to the customer.

Trademark holding also has a big flaw. Once a trademark is rejected due to similarity, it cannot apply for review. Because the applying company is a trademark agency, and the certification materials provided are the applicants themselves, inconsistencies in the information between the two will result in an unsuccessful reexamination.

If done improperly, the applicant may also lose all trademarks. Therefore, trademark applicants need to make careful judgments based on their own circumstances whether to choose to register on behalf of others.

If the agent transfers the trademark to a third party and goes through the transfer procedures, the transfer is also valid; at this time, you can only claim that the agent compensates you for your losses, but cannot claim against the third party. The three parties requested the return of trademark ownership. It is recommended that the amount of compensation for breach of contract be stipulated as high as possible in the agency contract to protect your own rights and interests to the maximum extent.