How to deal with the cancellation of the trademark of the enterprise after the bankruptcy and liquidation of Tianfu Coke?

The Fifth Intermediate People's Court of Chongqing issued an announcement on the bankruptcy liquidation of China Tianfu Coke Group (Chongqing). It is understood that Tianfu Cola used to be the No. 1 brand of China's cola, accounting for 75% of China's cola market at that time.

Tianfu Coke is no longer brilliant

Tianfu Coke was founded in Chengdu, Sichuan, in October 1988, with a registered capital of 12.528 million yuan. In the 1980s, Tianfu Coke was once designated as the beverage for the state banquet.

At that time, Tianfu Cola had 108 joint ventures in China, with an annual sales volume of more than 200000 tons and profits and taxes of more than 70 million.

Later, because of the strong penetration rate of Coca-Cola and Pepsi in the Chinese soda market, although Tianfu Cola has attracted a large number of consumers' attention by virtue of its "feelings" return, after a wave of hot spots has passed, it is also difficult to compete with the two major mainstream brands.

At present, Tianfu Cola has invested in 4 enterprises, but all of them have been cancelled and revoked; Many branches of Tianfu Cola have also been cancelled and revoked.

Risk information shows that Tianfu Coke has been filed for bankruptcy and reorganization several times since May 2022.

According to the official website of the Trademark Office, there are 10 trademarks under Tianfu Cola, which were first applied for in 1986. At present, only "Tianfu" and "Yulong" are within the validity period, and the other trademarks have become invalid due to rejection or non-renewal.

How to deal with the cancellation of trademarks by enterprises?

So many people may have a question: how to deal with the trademark after the company is cancelled?

Trademark is an intangible asset of an enterprise. It is valuable. When you cancel the company, don't forget the existence of this intangible asset.

The law stipulates that the trademark can be transferred within one year after the cancellation of the company, or an application for trademark cancellation can be submitted. If the company does not transfer the trademark at the time of cancellation, the enterprise can transfer the trademark through transfer for those who have decided to belong.

In other words, the trademark will be automatically cancelled one year after the company's main body disappears. The trademark can be transferred and transferred with the relevant cancellation certificate within one year, and there will be no such right after one year.

Generally speaking, there are the following ways to deal with trademarks

To be owned by a shareholder: the company's assets that have been forgotten to be disposed of shall be jointly owned by its shareholders after the cancellation of the company; Its shareholders continue to be responsible for the company's outstanding debts within the scope of inheriting the company's assets.

Transfer to personal name: trademark can be transferred to personal name through trademark transfer for subsequent use or other ways.

Transfer to other companies: if the enterprise has other companies, it can be transferred to the name of other companies.

Trademark transfer: for example, the successor of rights and obligations after the merger, division or restructuring of the enterprise, the shareholder or investor who inherits its rights and obligations after the cancellation of the enterprise, and the court ruled to enforce the transfer to the new obligee.

Trademark sale: during the validity period of a registered trademark, a trademark registrant transfers the exclusive right to use a trademark to another party according to legal procedures, which can turn intangible assets into tangible assets and create economic benefits. There is no unified standard for the value of trademarks. Generally speaking, trademarks with high recognition, good meaning and popularity are more expensive. Generally, trademarks on the market are between 10000 yuan and 30000 yuan. This mainly depends on whether the name of the trademark is fluent, the number of words, and whether it conforms to the positioning of the project.

Finally, I would like to remind you that after the cancellation of the company, we should take corresponding measures to transfer or transfer the trademark. If we ignore it, the trademark will disappear with the cancellation of the company.

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