I. The process of trademark transfer of Category V is roughly as follows:
1. Submit an application for trademark transfer;
2. The Trademark Office accepts the application;
3. The staff of the Trademark Office Review and Adjudication Committee shall review the transferred trademark;
4. The Trademark Office publishes the Trademark Approval Transfer Certificate.
Second, the fifth trademark transfer needs to pay attention to:
1. Confirm the legal status of the transferred trademark.
Invalid registered trademarks, trademarks that are in the extension period and have not submitted an application for renewal cannot be transferred; A trademark frozen by the court and registered as a pledge in the Trademark Office cannot be transferred (a trademark registered as a pledge cannot be transferred before the pledge is lifted). For the trademark in the application, it is necessary to confirm whether the application process has ended. If the rejection decision or ruling has taken effect, it cannot be transferred.
2. Has the trademark registration been pledged or licensed?
After the trademark is registered, it will be pledged. If the holder fails to repay the debt in time, the trademark will be auctioned or sold to pay off the debt. After a trademark is licensed to others, its holder shall maintain the stability of the trademark right and perform relevant legal responsibilities.
If the trademark is pledged or licensed, the transferee will put himself at a disadvantage by accepting the trademark, or even be rejected by the Trademark Office and will not approve the transfer.
Trademark transfer is beneficial to both buyers and sellers. For the buyer enterprise, it can get the trademark as soon as possible and occupy the market. For the trademark transferor, some benefits can be obtained through trademark transfer, but these are based on trademark transfer through formal means.
3. Has trademark registration become a common name?
The role of trademark registration determines that trademarks must be significant and recognizable. If a trademark has become a common name after long-term use, its distinctiveness will be greatly weakened and the trademark will face the risk of being revoked. Therefore, when the transferee seeks to accept a registered trademark, it needs to judge whether the trademark has become a common name and whether the trademark is significant enough.
The above is the content sharing brought by intellectual property rights, I hope it will help you. If merchants choose to trade trademarks through the trademark agency platform, interested friends can directly enter the intellectual property rights, click on the trademark name to enter the trademark details page and contact our trademark consultant. After confirming the trading intention through communication, the trademark consultant will tell us what trading materials need to be prepared. As long as the buyer prepares the materials, the platform will follow up a series of follow-up processes, saving time and worry.
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