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What are the risks and precautions for trademark transfer?

1. Before signing a trademark transfer agreement, be wary of the risk of substandard trademarks being passed off as good ones

Many people ignore a very important detail when signing a trademark transfer agreement, which is the trademark Whether it has been allowed to be used, mortgaged, transferred, and whether it has been challenged or revoked by others. If the above situation occurs, you will be involved in endless disputes after purchase, and the legal risks and consequences can be imagined. Therefore, when you see a trademark that sounds good and is easy to remember, don’t rush to take action. Before signing an agreement, use the trademark search tool to check whether the status of the trademark is valid. In addition, it should be noted that the "Notice of Trademark Acceptance" does not mean that the trademark has been successfully registered. Only a trademark that has obtained a "Trademark Registration Certificate" can receive legal protection. If the buyer still insists on purchasing the trademark under application after knowing it, the responsibilities and rights risks should be noted in the agreement, otherwise it will be suspected of fraud.

2. Illegal transfer, be careful if you sign an agreement with a "shady" seller

Currently, my country's Trademark Law and Implementing Regulations only give the Trademark Office the power to approve trademark transfer applications. The power does not also provide for the liability for improper approval behavior. This provides an opportunity for some criminals to take advantage of legal loopholes to forge the trademark holder's seal and signature, transfer other people's registered trademarks to themselves or their associates, and apply to the Trademark Office for relevant procedures. Scamming the trap of being "legitimate". If they are prosecuted, they run away and never show up in court, and the court cannot serve them with litigation materials. Once this happens, the buyer not only loses money, but also wastes valuable time and misses business opportunities. Therefore, before signing a purchase agreement, be sure to verify the seller’s true identity or find a professional to check it.

3. Lack of integrity, temporary change of mind and asking for high transfer fees

After signing a formal trademark transfer agreement immediately, many sellers who lack integrity will still refuse the transfer or lion for various reasons. A big opening, just to ask for high transfer fees. Finally, buyers often find litigation troublesome, time-consuming and labor-intensive, and have to pay attorney fees, investigation and evidence collection fees and other expenses. They have to accept the demands of these unscrupulous sellers and pay them an extra fee to end the negotiations that have already been negotiated. Transfer the proper trademark to yourself. Such behavior is really abhorrent. How can we avoid such risks? The author believes that the best way is to sign a transaction loss compensation plan with the agency.

4. Failure to transfer rights and interests of similar trademarks together will lead to endless troubles

When signing a trademark transfer agreement, you need to be wary that some sellers deliberately conceal similar trademarks that are similar to the transferred trademark. Not transferred together. Such behavior is not only illegal, but more importantly, it directly harms the legitimate interests of buyers. There are many such cases, and it is easy to be deceived if you do not have professional skills. The author recommends that if you need to purchase a trademark, you must ask a professional to conduct a risk analysis and purchase it on your behalf. At the same time, indicate the corresponding rights terms in the transfer agreement to safeguard your legitimate rights and interests. In addition, if you entrust an agency to purchase, you can also ask to sign an "Exclusive License Agreement" with the seller. This not only fully guarantees the legitimate use of the trademark, without any worries; it can also be used immediately after purchase. It can be said that it kills two birds with one stone and is quite convenient.