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(a) |
The time period for trademark assignment is
shorter and the success rate is higher. Trademark registration usually takes
around 12-18 months, it may be conducted a substantive examination and faces
the risk of rejection. The assignment of trademarks usually takes around 2-3
months after the assignor and assignee reaches an agreement. Moreover, Since
the assigned trademark is already been registered, there is no risk of being
rejected by the Trademark Office, the success rate of the assignment is higher. |
(b) |
The value of trademark assignment is higher. Before the assignment, the
trademark has been operated very valuable by the assignor. After the
assignment, the value is assigned to the assignee. Compared with a
new-registered trademark, the assigned trademark has greater value and is more
suitable for business promotion. |
(a) |
Please pay attention to whether the trademark
has been approved for registration. If the assigned trademark is not registered
or has been revoked or declared invalid, such trademark cannot be protected by
the Trademark Law, anyone has the right to use this trademark or apply for
registration, and the assignee cannot obtain the trademark exclusive rights; |
(b) |
Please verify whether the assignor has the right to dispose of trademark
rights. That is, the assignor needs to be the owner of the registered trademark
or a special authorized agent. If the trademark is co-owned, it also needs the
consent of the co-owner. |
(c) |
Please pay attention to the duration of the
trademark. If the registered trademark is about to expire, the assignee and
related parties should urge the trademark registrant to complete the renewal
procedures to avoid damaging their commercial rights. |