How To Create The Value Of Trademark Pfer?

What is the "idle trademark" and how to define it? The so-called "idle trademark" refers to the registered trademark of a natural person, legal person or other organization that has not been used or has been suspended for three or more than three years after obtaining the exclusive right of trademark through the way of original acquisition and acquisition.

The massive shelving of idle trademarks in China is not caused by a single cause. It is a comprehensive result in many aspects under the current economic situation.

First, the fierce competition in the market, the adjustment of the economic structure, restructuring and bankruptcy, and other factors, make the trademark discarded by the enterprise unnecessary, and the trademark registrant's "exist in name only" causes the trademark to remain idle.

At the same time, due to the lack of sufficient knowledge about registered trademarks, enterprises fail to realize the intangible value of trademark assets and fail to make effective pfer in time.

Second, enterprises adopt defensive or protective means to register multiple trademarks which are not yet used. Excessive registration of enterprises has resulted in excessive savings and a large number of idle businesses.

The phenomenon of "multiple criteria" is universal. Many enterprises have registered trademarks of all categories for the purpose of protecting the exclusive right of trademarks, but actually use only one or a part of them, leading to the rest.

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Or some enterprises have registered multiple trademarks on similar commodities. At the end, only one or two representative trademarks have been used. The utilization rate is too low to cause other trademarks to be idle.

Third, because the official does not strictly examine the qualifications of the applicant, the law does not oblige the registrant to use the trademark, so that some trademark registrants who are intent on misconduct should speculate and register the trademarks in a malicious way, so that they can be sold at a premium.

Fourth, the means of functional departments to feed back idle trademark information is relatively backward, and it is not effective to carry out the work of idle trade marks. The lack of necessary trading platform restricts the timely pfer of idle trademarks, causing the idle trademarks to be "not heard in the alley" for a long time.

The trademark is shelved and can not be effectively utilized. It has an adverse effect on the rights of the trademark owner, the enterprise, and the development of the country's trademark cause.

First, the number of commonly used Chinese characters is limited. Idle trademarks occupy limited resources, resulting in a waste of limited trademark resources, and are not conducive to the normative management of trademarks.

Second, the massive existence of idle trademarks will greatly increase the workload of trademark examiners and reduce the efficiency of trademark review if they fail to be revoked in time.

Third, the existence of idle trademarks will also restrict the normal trademark registration requirements of enterprises, which is unfair to the applicants of normal trademarks. With the gradual reduction of trademark resources, the invisible barriers will become a huge obstacle to the application of trademarks.

Fourth, for the rights holders of idle trademarks, idle trademarks are not only unprofitable, but also need to invest in time, economy and so on.

It is true that someone has likened the idle trademark to a treasure mountain to be developed.

For a company, a valuable good trademark can make the product popularity and corporate brand rapidly improve in a short time.

While trademark is idle, it is the burying of trademark value.

According to the relevant person in charge of intellectual property rights in China, there are two ways to revitalize idle trademarks: trademark pfer and trademark licensing.

First, trademark pfer.

The forty-second provision of China's trademark law stipulates that the registered trademark owner may pfer his registered trademark to others within the scope permitted by law.

Selling unused idle trademarks to the needed enterprises can not only enable the enterprises to get the desired trademarks quickly and conveniently, but also enable the holders of the idle trademarks to get economic benefits and maximize the value of the idle trademarks.

The buyers and sellers will negotiate freely and sign the pfer agreement, and then apply jointly to the Trademark Office of the State Administration for Industry and commerce.

Second, trademark licensing.

The forty-third provision of China's trademark law stipulates: "a trademark registrant may license another person to use his registered trademark by signing a trademark license contract."

That is to say, the holder of the idle trademark can authorize others to pay the trademark by signing the trademark licensing contract, and then the trademark owner will register the trademark use to the Trademark Office for the purpose of preventing the occurrence of the infringement.

In fact, whether it is the pfer of idle trademarks or the licensing of idle trademarks should be built on a fair, fair and open trade platform. Only in this way can the two parties complete the docking conveniently, quickly and efficiently, and achieve a win-win situation between supply and demand.

We should actively develop idle trademarks and pform idle Trademarks into treasure, so that they can produce biochemical decadent as a magical effect.

Not only can it fully tap its huge commercial value, maximize the trademark resources, make rational use of it, but also promote the registration, operation, management and protection of trademarks, create value for the development of enterprises and social progress, and make China's trademark industry develop towards a more perfect and healthy direction, and become a driving force for economic development.