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Trademark transfer is not as easy as you thought, it requires both parties to confirm several matters related to it, such as legal status, service life, licensing. Following listed the introduction of a few points that should pay attention before you take action on trademark transfer.
Check whether the transferred trademark is valid
After discovering the desired trademark, the transferee shall check the legal status of the trademark on the official website of the trademark office or the social trademark website to find out whether the trademark has been revoked or cancelled.
Check the remaining service life of the transferred trademark
Article 39 of the trademark law stipulates that ‘the limited period of a registered trademark is ten years, counting from the date of approval of registration.’ Article 40 of the trademark law stipulates that ‘if a registered trademark needs to be used after the expiration of its validity, the trademark registrant shall go through the renewal procedures in accordance with the provisions within 12 months before the expiration. If it fails to do so during this period, it may be granted a six-month extension period. The term of validity of each renewal of registration is ten years, counting from the day after the expiration of the previous term of validity of the trademark. If the renewal formalities have not been completed within the time limit, the registered trademark shall be cancelled. ’
Check the licensing of the transferred trademark
The transferee shall know whether the transferor has licensed the trademark to other companies before transferring it. According to Article 20 of the interpretation on Several Issues concerning the application of law in the trial of civil trademark disputes, ‘the transfer of a registered trademark shall not affect the validity of a trademark use license contract that has come into force before the transfer, except as otherwise provided in the trademark use license contract.’ After the trademark is transferred, the licensee can still use the trademark during the validity of the license contract, which will have an adverse impact on the transferee in the trademark transfer. It is better for both parties to reach an agreement on the transfer of the trademark licensed to others so as to avoid disputes in the future.
Check whether the transferred trademark is pledged
Before transferring the trademark, the transferee needs to find out whether the trademark has been pledged. The trademarks sealed up by the people's court and the trademarks registered for pledge shall not be transferred without the consent of the people's court and the pledgee during the sealing up period and the pledge period.
Check whether the transferred trademark has been repeatedly transferred
In order to defraud the high fee of trademark transfer, some lawbreakers use the fraudulent means of repeatedly transferring trademark to cheat the transferee who is eager to obtain the trademark certificate. Therefore, the transferee can go to the official website of the Trademark Office and the social standard website to check the registration process of the trademark, see if there is any information that has been transferred, and if not, prove that the trademark has not been transferred.
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