What are the risks of trademark transfer? 1. The trademark is licensed privately when the court has sealed it up and frozen it. Like what? Edo? 、? IDALL？ And other trademarks;
2. Before the bankruptcy liquidation of the enterprise, the employees of the original enterprise illegally transferred it to a third party in violation of the bankruptcy law;
3. Transferring the trademark to a third party without permission in violation of the agreement of both parties. Some companies are? A mole? For the sake of mischief, shareholders privately transfer trademarks to their own separate companies;
4. After both parties sign a trademark license contract and file it with the Trademark Office, the licensee transfers the trademark to his own name privately;
5. The distribution agent transfers the client's trademark to his own company name without permission;
6. The registered agency privately registers the client's trademark abroad and transfers it to a foreign company, which prohibits the domestic products of the client from being resold abroad, causing foreign-related litigation;
7. Transferring the trademark registered by others abroad to the name of their own domestic company without permission, and prohibiting the products of the original domestic trademark owner from being resold to that country;
8. Some illegal trademark offices pretend to sign, complete the transfer procedures and swallow the money without the consent of the obligee.
How to deal with the risks in trademark transfer? To deal with the risk of trademark transfer, there are mainly the following countermeasures:
(a) to understand the qualifications of the firm. Since it takes 3-4 years for a trademark to be successfully registered and 6- 12 months for a trademark to be transferred, the establishment year of the trademark office should be as long as possible.
(2) The transfer process is authenticated by the seal of the Trademark Office. In the presence of both parties, go to the Trademark Office for filing, transfer the seal and notarize the trademark.
(3) Choose the trademark you like before completing the transfer, otherwise you don't like it when transferring, which will cause a waste of manpower and material resources.
Advantage time of trademark transfer over registered trademark: 1 year (trademark examination efficiency table) (note: China Trademark Office does not specify the time of trademark registration, and the efficiency of trademark registration is directly related to the number of trademark applications in China, generally 1 year).
Trademark transfer: about 6- 10 months.
It can be seen that trademark transfer can save time and cost (increase by 2 times). In this society where time is money and business opportunities, it is definitely time advantage for enterprises to buy trademarks.
Comparison of success rate
Registered trademarks: According to the statistics of China Trademark Network, the official website of the State Trademark Office, the total number of trademark applications in China in 2005 was 593,382, while the actual registered trademark was 2 1873 1 piece, with a success rate of only about 37%. Although the State Trademark Office official website? China Trademark Network? The trademark inquiry system has been made public, but there is still a blind search period of 4-5 months. At the same time, trademarks have certain similarities, so registered trademarks are risky.
Trademark transfer: the risk is very small. The transferred trademark itself is a registered trademark approved by the State Trademark Office and has been recognized by the State Trademark Office. Therefore, there is no possibility that the State Trademark Office will reject the trademark approximately. To transfer a trademark, the transferor and the transferee only need to file with the State Trademark Office through an agency, and the transferee can get the trademark registration certificate and own the trademark.
It can be seen that trademark transfer greatly improves the success rate, minimizes the risk, and enables enterprises to quickly enter the branding process.
Comparison of the value and meaning of registered trademarks: According to the latest statistics released by Xinhua News Agency, the total number of Chinese characters has exceeded 80,000, while there are only about 3,500 commonly used words, which shows that there are not many meaningful phrases that can be combined into names. According to the statistics of China Trademark Office at the end of June, 2005, the number of registered trademarks in China has reached 247 1.4 million, and basically all good combinations of Chinese characters have been registered. It is very difficult for an enterprise to apply for a trademark with a good name, and most enterprises are unwilling to register a trademark that does not highlight the characteristics of the enterprise itself and products. If brand name hinders brand promotion, it will seriously affect the future development of enterprises.
Trademark transfer: According to statistics, at present, about 300,000 trademarks are idle due to the enterprise transformation of the original registrant or other factors. Generally, it can indirectly or directly represent the product characteristics and is easy to popularize. It can be seen that it is very difficult to register a trademark that has a certain meaning and is easy to remember, and you can choose a trademark that is more in line with your own business and has your own corporate meaning.
The importance of trademarks
1, a trademark is a symbol of an enterprise, and it can also be said that it is the embodiment of corporate culture. Represents the image of a company. Trademark protection can protect the reputation and image of enterprises.
2. Trademark is the exclusive right. Protected by intellectual property law. Both registering a trademark and buying a trademark require a certain fee. Protecting your trademark from being used by others is actually protecting your property.
3. With the establishment of every famous brand, trademark has also become an appreciated commodity. When it becomes a big company, the trademark also appreciates. This is the expected value of the trademark.
Comparison of comprehensive efficiency of registered trademarks: it usually takes 2 to 3 years for an enterprise to apply for a new trademark and get a registration certificate; During this period, enterprises should produce, manage and sell products, and at the same time, they should do a lot of advertisements, print internal and external packaging of products and build channels. The cost is calculated in hundreds of thousands. Once the registration fails, the loss to the enterprise is incalculable.
Trademark transfer: an enterprise can transfer its registered trademark to its own name at the first time and own its own brand.
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