1. What are the provisions on the choice of the place where the contract is sued?
The choice of the place where the contract is sued stipulates that jurisdiction can be chosen between the place where the contract is performed or the defendant's domicile.
code of civil law
Article 17 Jurisdiction of grass-roots courts
The basic people's courts shall have jurisdiction over civil cases of first instance, except as otherwise provided by this Law.
Article 23 Jurisdiction over contract disputes
A lawsuit brought in connection with a contract dispute shall be under the jurisdiction of the people's court in the place where the defendant has his domicile or where the contract is performed.
Article 24 Jurisdiction over disputes over insurance contracts
A lawsuit arising from an insurance contract dispute shall be under the jurisdiction of the people's court where the defendant has his domicile or where the subject matter insured is located.
Article 27 Jurisdiction over disputes over contracts of carriage
A lawsuit brought for a dispute over a railway, highway, water, air transport or combined transport contract shall be under the jurisdiction of the people's court of the defendant's place of origin, destination or domicile.
2. Which court is the jurisdiction of the trademark transfer contract dispute?
According to the provisions of the Civil Procedure Law, a lawsuit arising from a contract dispute shall be under the jurisdiction of the people's court of the defendant's domicile or the place where the contract is performed. The parties to a contract may agree in a written contract to choose the jurisdiction of the people's court where the defendant's domicile, the place where the contract is performed, the place where the contract is signed, the plaintiff's domicile and the place where the subject matter is located, but they shall not violate the provisions of this Law on hierarchical jurisdiction and exclusive jurisdiction. Where the agreed place of performance is inconsistent with the actual place of performance, the actual place of performance shall prevail.
Therefore, the intermediate people's courts in the above places or the grassroots people's courts with jurisdiction over trademark cases have jurisdiction. In trademark cases where contractual liability and tort liability coexist, the court of jurisdiction shall be determined according to the cause of action chosen by the parties.
Matters needing attention in transfer
In practice, a large number of registered trademarks are transferred and registered through contracts.
The transfer of a registered trademark needs to go through certain procedures according to law, and the transfer registration can only take effect after it is approved by the Trademark Office. Transferring a registered trademark without going through the relevant formalities with the Trademark Office is an act of transferring a registered trademark by itself and will be subject to administrative punishment. If the circumstances are serious, the registered trademark may even be revoked.
After the transfer contract of trademark rights comes into effect, the transferor shall not use the transferred trademark on the goods or services approved for use with the transferee's trademark or similar goods and services within the effective area of trademark registration, otherwise it will infringe the transferee's trademark rights. If the assignor wants to continue to use the trademark, it must sign a trademark license contract with the assignee and obtain the authorization of the assignee.
Therefore, when transferring its registered trademark, the trademark owner shall transfer it to the same assignee together with other identical or similar trademarks registered on the same or similar goods or services. This is to prevent consumers from being confused and misunderstood that different producers or service providers use the same trademark on the same commodity or service.
In our real life, if there is a contract dispute in our country, we must go to the people's court, so that we can bring a lawsuit in the court. The most important point related to jurisdiction is the place of performance of the contract, which is subject to the agreement or actual performance.