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Can I still transfer my trademark after the company has been cancelled?

Trademarks are intrinsically related to the company, so the company’s trademark exists with the company at the same time. Can the trademark be transferred even if the company cancels its registration? It is definitely impossible, because the transfer of trademarks is conducted through legal processes and standardized procedures. Without the transfer right of the legal entity, the trademark loses its subject and the standardized basis for the transaction. Therefore, if you want to trade a trademark, you should transfer the trademark before the company is deregistered, so that the other party can obtain the right to use the trademark in accordance with the law.

The application for registration of a trademark is a qualification that only legal entities can have, and the transaction of trademarks is also a form of transaction between legal entities. It is necessary to comprehensively consider the relevant management regulations to determine who actually owns the actual right to use the trademark and the qualifications of the trademark. For an enterprise that has been cancelled, the tree species that used the trademark in accordance with the law no longer exist. At this time, the transfer subject does not exist, and transactions cannot be carried out according to the process. Especially now that trademark transfer platforms are used as a form of trademark transactions, in addition to considering the process and specifications of corporate trademark transfers, they can also help trademark suppliers and buyers obtain trademark-related help. , which proves the strength of the Bajie platform. It is a professional platform for trademark-related services and is also a good platform for current trademark transactions.

Notes on enterprise trademark transfer

1. When transferring a registered trademark, the trademark registrant shall transfer the same or similar trademark registered on the same or similar goods together. The transfer of a registered trademark application should not be likely to cause misunderstanding, confusion or other adverse effects.

2. After the transfer application is submitted, for transfer applications that meet the acceptance conditions, the Trademark Office will issue an "Acceptance Notice" to the transferee; at the same time, the Trademark Office will issue a "Notice of Acceptance" to the registrant according to the registrant's address recorded in the Trademark Office for the transferred trademark. (Except registrants from foreign countries and my country’s Hong Kong, Macao and Taiwan regions) Send a copy of the “Notification of Acceptance”. If the application does not meet the conditions for acceptance, the application will not be accepted and a "Notice of Non-Acceptance" will be issued to the assignee.

3. If the transfer application requires supplements and corrections, the Trademark Office will issue a notice of supplements and corrections to the transferee (if it is handled directly, it will be sent to the transferee by mail according to the address filled in on the application form; through an agent) (sent to the agency organization), requiring the applicant to make corrections within a time limit. If the applicant fails to make corrections as required within the prescribed time limit, the Trademark Office has the right to regard the transfer application as abandoned or not to approve it.

4. After the transfer application is approved, if it is handled directly, the Trademark Office will send the transfer certificate to the transferee by mail according to the address filled in on the application. If it is handled through an agent, it will be sent to the agency organization. For registered trademarks, publish an announcement on the transfer of the trademark. The date of signature on the certificate is the date of announcement, and the assignee shall enjoy the exclusive right to use the trademark from that date.

5. If the transfer application is deemed to be abandoned or disapproved, the Trademark Office will issue a "Notice of Deemed Abandonment" or a "Notice of Disapproval".

6. If there are multiple transferees in the transfer application***, the relevant notice or certificate from the Trademark Office will only be issued to the representative. If anyone else needs proof, they should apply for a reissue.

7. If the applicant entrusts a trademark agency to handle the transfer application, the Trademark Office will send all documents to the trademark agency.

8. The category of the application should be filled in according to the international classification category approved by the "Trademark Registration Certificate".

The above is that if the enterprise is cancelled, can the trademark still be transferred? related introduction. For more information on trademark services, you can pay attention to the Bajie trademark transfer platform, which provides users with services such as trademark registration, trademark inquiry, trademark transfer, and trademark classification inquiry. If necessary, you can consult online.