Before signing a trademark transfer agreement, beware of illegal transfer of risky trademarks

loopholes in trademark purchase

Be careful that it is the "black-hearted" transferor who signed the agreement with you

At present, China's trademark law and its implementation regulations only give the trademark office the power to approve the trademark transfer application, but do not stipulate the responsibility for its improper approval. This provides an opportunity for some lawless elements to use legal loopholes to forge the seal of the trademark holder and the signature of the trademark holder, transfer the registered trademark of others to themselves or their associates, and apply to the Trademark Office for relevant procedures to defraud the "legal" coat. If they are prosecuted, they will run away, never appear in court, and the court will not be able to serve them with litigation materials. Once this happens, the transferee not only loses money, but also consumes precious time and misses business opportunities. Therefore, before signing the purchase agreement, you must verify the true identity of the transferor, or find a reliable and professional agency to check. Mima trademark network, massive trademarks, professional trademark agents at your service.

loopholes in buying trademarks 3

Lack of honesty, temporary change of mind and asking for high transfer fees

Formal trademark transfer agreements are signed immediately, and many dishonest transferers will still refuse to transfer or open their mouths for various reasons just to ask for high transfer fees. Finally, the assignee often feels that litigation is troublesome, time-consuming and labor-consuming, and has to pay for attorney's fees, investigation and evidence collection fees, etc., so he has to submit to the demands of these black-hearted assignors, pay them an extra fee, and then transfer the already negotiated trademark to himself. Such behavior is really hateful, how can we avoid such risks? The author thinks that the best way is to sign a compensation plan for transaction losses with the agency.

loopholes in buying trademarks iv

loopholes in similar trademarks that are not transferred at the same time will lead to endless troubles

When signing a trademark transfer agreement, it is also necessary to be wary that some assignors deliberately conceal similar trademarks similar to the transferred trademarks and fail to transfer them together. Such behavior is not only illegal, but more importantly, it directly harms the legitimate interests of the transferee. There are many such cases, and it is easy to be deceived if you don't have professional ability. I suggest that if there is a need to buy a trademark, you must ask a professional to conduct risk analysis and purchase it on your behalf, and at the same time indicate the corresponding rights clauses in the transfer agreement to safeguard your legitimate rights and interests. In addition, if it is purchased by an entrusted agency, it can also be required to sign an Exclusive License Agreement with the transferor, which not only fully guarantees the legitimate right to use the trademark, but also has no worries; You can kill two birds with one stone, which is quite convenient.