For registered individuals and enterprises with trademark requirements, the registered trademark is the preferred route, then the purchase of a trademark is a shortcut.But the trademark transfer industry also has a lot of cheating, the generation of fish in troubled waters. Before signing a trademark purchase agreement, we must verify the real validity of the trademark and the identity of the seller, or find a professional, reliable agency to check. Xiaoma legal mall editor want to tell you about some of the traps in trademark transfer:
Trap one:Before you sign a trademark transfer agreement, you need to be wary of risky trademarks.
Many people in the signing of the trademark transfer agreement, will ignore a very important details, that is, before the trademark is not allowed to use, mortgage, be transferred and is not someone else to apply for objection, revocation and other issues.If you have the above situation, you will be caught in the endless controversy after the purchase of trademarks, which the legal risks and consequences can be imagined.So when you see a good memory of a trademark, don't be too busy, before signing the agreement, you should use the trademark inquiry tool to check whether the status of the trademark is valid.There is also need to note that, "trademark acceptance notice" does not mean that the trademark has been successfully registered, only successfully get "trademark registration certificate" trademark can be protected by law.If the buyer knows the facts but still insist on buying the trademark in the application, it should also indicate in the agreement the responsibility and the right is risk, otherwise there will be suspected of fraud.
Trap two: illegal transfer, beware and you sign the agreement is "black heart" seller.
At present, China's "Trademark Law" and the implementation of the Ordinance is only granted to the Trademark Office of the trademark transfer application for approval of the power, and did not specify the Trademark Office improper approval of the responsibility.This gives the lawless elements an available gap, the use of legal loopholes false trademark holders signed, forged the trademark holder's seal, the other's registered trademark transfer to their own or associates, and apply to the Trademark Office for the relevant procedures.If they were prosecuted, they would have gone away and would not have appeared in court, nor could the court serve them.In the event of such a situation, buyers not only lost money, but also consume valuable time to miss business opportunities. Therefore, before signing the purchase agreement, be sure to verify the seller's true identity, or find a professional, reliable agency check.
Trap three: the lack of integrity, temporary change to obtain a high transfer fee.
Even if the formal trademark transfer agreement has been signed, there are many sellers who lack integrity and will still refuse to transfer or lion's mouth for various reasons. The purpose is only to ask for high transfer fees.Finally, buyers usually feel that the proceedings are both cumbersome and time-consuming and laborious, but also pay the investigation fees, attorneys fees and other expenses, can only swallow to accept the requirements of these black sellers, to the seller to pay an extra fee will be already Negotiated trademark transfer to yourself.This approach is really hateful, how can we avoid such risks? I think, the best way is to sign a transaction loss compensation scheme with the agency.Trademark transfer in the trap of the applicant must understand the clear, only in advance of the premise will not fall into a similar situation, if you still need to know,you can go to the Xiaoma legal to advice!