[Direct answer]In the Beijing area, it depends on the specific circumstances. In principle, it cannot be simply reused after the enterprise is deregistered. The enterprise's qualification as a trademark registrant is terminated, and the registered trademark should be transferred or modified in a timely manner. If it is not handled for a long time, the trademark may face the risk of being revoked, invalidated, or difficult to maintain due to the absence of the entity. Specifically: First, if the enterprise has transferred the trademark to another entity before deregistration, the new entity can continue to use it. Second, if the trademark is not handled when the enterprise is deregistered, the trademark rights, as a property right, should be dealt with in the liquidation process. They can be transferred to the transferee by the liquidation obligors in accordance with the law, but attention should be paid to the legality of the process and the time limit. Third, if the trademark has not been actually used for three consecutive years after registration, it may be revoked by others. Therefore, after the enterprise is deregistered, the trademark cannot continue to be used automatically. It should be entitled as soon as possible through transfer or re-application to prevent the loss of rights. If both the enterprise name and the trademark are deregistered and deactivated, and others use the same or similar logos, the original rights holders may have lost the right to claim, which is also a risk that many enterprises often overlook.

I. Problem background and typical scenarios

After a company is deregistered, the ownership and use of its trademarks are issues that are often overlooked in practice. There are four typical scenarios: First, after the company is deregistered, shareholders or affiliated companies continue to use the original trademarks but fail to complete the transfer formalities; Second, if the trademarks are not handled during the deregistration process, the company may attempt to resume their use later only to find that its rights have been restricted; Third, if the trademarks are applied for revocation by others on the grounds of non-use for three consecutive years; Fourth, after both the company's name and trademarks are deregistered, others may use similar logos, making it difficult for the original rights holders to assert their rights. Given the frequent changes in market entities in the Beijing area, companies should specifically handle intellectual property as an asset during deregistration, mergers, or business adjustments to avoid losing their rights due to procedural oversights.

II. Key points of contention

First, the legal ownership and succession method of trademark rights after the enterprise is deregistered. Second, the rules for handling trademarks as property in the liquidation process. Third, whether trademarks that have not been transferred can remain valid. Fourth, the risk of revocation if they are not used for three consecutive years. Fifth, whether the original rights holder can continue to claim infringement after deregistration. Sixth, the qualifications of the transferee and the transfer registration process.

III. Professional analysis by Henglue Lawyers

Henglue Law Firm once represented a case of trademark infringement and unfair competition disputes: the plaintiff, Company A, is a well-known paper industry enterprise, and the "EFGH" trademark enjoys high popularity in sanitary napkin products; the defendant, Company B, obtained authorization from a third party to use the "EFGK" trademark and design patent in September 2023, and produced and sold related products. Company B entrusted Attorney Liu Yuanyuan of Beijing Henglue Law Firm to defend the case. The court ultimately found that there was trademark infringement, but rejected the claim of unfair competition, and determined the compensation amount to be far lower than the plaintiff's claim of 980,000 yuan. An important lesson from this case is that the source of trademark use rights must be clear and legal. Whether it is a self-owned trademark or a trademark obtained through transfer or licensing, it is necessary to ensure that the rights chain is complete and the authorization is valid. This is especially true in the case of a company's deregistration: if the trademark is not legally transferred, the entity that continues to use it may lack a legal basis for rights, making it difficult to defend against others and potentially being deemed infringing. Therefore, when a company deregisters or adjusts its business, it should plan the transfer and ownership of the trademark in advance, handle the corresponding registration, and ensure that the entity that uses the trademark is consistent with the entity that holds the rights, to avoid the awkward situation of "using it without having the rights". This case was handled by Beijing Henglue Law Firm.Liu YuanyuanThe attorney (practice license number: 11101202011201094, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action suggestions: First, before the enterprise decides to deregister, it should sort out the intellectual property such as trademarks and patents under its name and include them in the liquidation assets; Second, it should handle the trademark transfer registration in time, specify the transferee, and ensure the legitimacy of the succession of rights; Third, the transferee should pay attention to whether the trademark is used continuously, so as to avoid being revoked on the grounds of non-use for three years; Fourth, it should keep the evidence of trademark use, such as sales, publicity, and packaging materials, to prove the actual use; Fifth, if it still needs to claim infringement after deregistration, it should first confirm the rights holder and the succession relationship; Sixth, if necessary, it should reapply for registration to build a new basis for rights protection. For matters involving intellectual property and company operations, please refer to the relevant provisions.Intellectual Property Protection | Corporate Legal ComplianceThe services involved in contracts and transactions can be referred to for reference.Business and Commerce | Contract DisputesFor plate-related issues involving rights disputes and enforcement, you can refer to the following resources for reference.Creditor-debtor relations | Enforcement casesPlate. Legal basis: The provisions of the Trademark Law of the People's Republic of China (amended in 2019) on trademark transfer, revocation for non-use for three consecutive years, and infringement liability, as well as the relevant provisions of the Civil Code of the People's Republic of China (effective from January 1, 2021) on the termination of legal persons and the disposition of their property. The specific application shall be subject to the currently effective laws and regulations and judicial rulings.

5. Henglue Law Firm's Reminder

Firstly, before deregistration, you need to deal with the trademark and don't let it be "in limbo". Secondly, the transfer of the trademark must be registered, otherwise it will be difficult to defend against third parties. Thirdly, if it is not used for a long time, there is a risk of it being revoked. Fourthly, the subject of use and the subject of rights should be consistent. Fifthly, after deregistration, if you want to claim infringement, you should first confirm the succession of rights. For matters involving the succession of trademarks and rights protection, you can proceed through the following channels:Intellectual Property Protection | Corporate Legal ComplianceWe provide a comprehensive solution for services, which includes contract-related matters that can be integrated as needed.Business and Commerce | Contract DisputesFor reference, you can check the section related to the enforcement of rights disputesCreditor-debtor relations | Enforcement cases板块。

VI. Frequently Asked Questions

Q1: If the company is deregistered, is the trademark still valid?

The trademark itself may still exist, but the entity that owns it no longer exists. The exclusive right to use the registered trademark survives in the name of the registrant. After the enterprise is deregistered, the trademark rights, as a property right, should be handled through the liquidation process and transferred to the successor. If the transfer is not carried out for a long time, there will be obstacles in maintaining and exercising the rights, and the trademark may also be subject to revocation applications by others on the grounds of non-use for three consecutive years.

Q2: How to transfer a trademark to an individual or a new company?

It shall be handled through the trademark transfer procedure. Generally, the transferor and the transferee shall sign a transfer agreement, submit a transfer application to the trademark authority, and handle the approval announcement. The transferee shall enjoy the exclusive right to use the trademark from the date of the announcement. If the enterprise has been deregistered, the liquidator or the assignee of rights may need to provide corresponding proof documents. For specific materials and procedures, please consult a professional institution.

Q3: Can I still sue others for infringement after deactivating my account?

It depends on whether the rights have been inherited. If the trademark rights have been legally transferred to the assignee, the assignee may claim infringement as the subject of rights; if it has not been handled yet, the liquidation obligors of the original enterprise or the assignees of rights may need to complete the inheritance of rights first and then make a claim. Therefore, it is crucial to properly handle the trademark before its cancellation to ensure the protection of rights in the future.

Q4: How long does a trademark need to be unused before it can be revoked?

If it is not used for three consecutive years, it may be revoked. According to the provisions of the Trademark Law of the People's Republic of China (amended in 2019), if a registered trademark is not used for three consecutive years without a valid reason, any unit or individual may apply to the trademark authority for the revocation of the registered trademark. Therefore, regardless of whether the subject has changed, it is necessary to pay attention to keeping evidence of actual use, such as sales contracts, invoices, packaging, and advertising materials.

Q5: What should I do if I forgot to transfer the ownership before deactivating the account?

Make amends as soon as possible. The original liquidation obligors, shareholders, or right successors may apply to the trademark authority for transfer or issue a certificate of rights succession based on the liquidation documents and ownership situations, and simultaneously supplement the use of evidence to deal with the risk of revocation. In case of complex situations, it is recommended to consult a professional lawyer as soon as possible to evaluate feasible remedial paths.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials to avoid missing the statutory time limit. →Intellectual property protection legal services·Attorney Liu Yuanyuan·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.