The free trademark transfer agreement is as follows: ?Trademark transfer
Transferor: _____________?
Transferee: _____________?
After The transferor and the transferee have reached an agreement on the transfer of trademark rights as follows: ?
1. The transferred trademark name: _________. ?
2. Trademark pattern: ________ (affix the trademark pattern, and the transferor will stamp it with a seam seal). ?
3. Trademark registration number: _________; Country: _________. ?
4. The next time the trademark should be renewed: _________. ?
5. The category of goods or services covered by the trademark registration and the specific name of the goods or services: _________. ?
6. Guarantee of the transferor?
1. The transferor guarantees that the rights are free from defects, including that they have not been licensed to others or used as collateral. ?
2. The transferor guarantees that the transferor does not have any trademarks that are identical or similar to the right to be registered or apply for registration in the International Classification of Class ____________ and other categories of goods similar to the goods in Class ____________. ?
3. The transferor guarantees that after this contract comes into effect, it will not seek any rights and interests in any way over this right or similar trademarks, including ownership, use rights, income rights, and disposal rights, and all the above rights will be transferred to the transferee. exercise. ?
4. When signing this contract, the transferor shall also sign an application for the transfer of a registered trademark of the exclusive right to use the trademark, and at the same time hand over the original copy of the trademark registration certificate to the transferee or the transferee's agent. ?
5. If the trademark transfer application is rejected by the Trademark Office, the transferor shall refund all trademark transfer fees paid. ?
7. After the trademark right is transferred, what are the rights of the transferee?
1. Types of goods (or categories and names of services) for which the trademark can be used: _________. ?
2. The geographical scope in which the trademark can be used: _________. ?
8. The nature of the transfer of trademark rights: _________ (you can choose among the following items). ?
1. Permanent transfer of trademark rights. ?
2. Non-permanent transfer of trademark rights. ?
9. When will the trademark right be transferred?
The trademark right will be officially transferred to the transferee from the effective date of this contract, or after completing the trademark transfer and change registration procedures. . However, if the application for transfer of a registered trademark is not approved by the Trademark Office, this contract will naturally become invalid; both parties shall bear the responsibility. ?
If the transfer of trademark rights is non-permanent, the transfer period of the trademark rights is _________ years, from _________month__________ year to _________month _________ _________day. The transferor will take back the trademark rights on the expiration date of this contract. ?
10. Change procedures after the trademark transfer contract takes effect?
The _________ party shall handle the procedures for changing the registrant after the trademark transfer contract takes effect, and change the name of the registrant. The required costs will be borne by _________. ?
11. Guarantee of product quality?
The transferor of trademark rights requires the transferee to ensure that the quality of the products marked by the trademark is not lower than the original level of the transferor. Samples of the goods should be provided to the transferee, as well as technical guidance or technical know-how for manufacturing such goods (an additional technology transfer contract can be signed); product instructions, product packaging, product maintenance methods, and regular inspections should also be provided when necessary. List of customers who purchased this item. If the transfer is non-permanent, the transferor can supervise the transferee's production and has the right to inspect the transferee's production conditions and product quality. ?
12. The transferor shall ensure that the transferred trademark is a valid trademark and that no third party has ownership of the trademark.
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13. Transfer fees and payment methods for trademark rights transfer?
1. The transfer fee is calculated as ***___________ yuan based on the transferred authority. ?
2. Payment method: _________. ?
3. Payment time: _________. ?
14. The transferor guarantees that during the validity period of the contract, it will not operate goods with the same or similar trademark within the effective registration area of ??the trademark, nor will it engage in other production or sales that compete with the goods. activities. ?
15. Liability for breach of contract by both parties?
1. After the contract comes into effect, if the transferor violates the provisions of the contract and continues to use the trademark on the goods it produces, in addition to stopping the use of the trademark, it shall also be liable for compensation. ?
2. If the transferee fails to pay the trademark transfer fee within the time stipulated in the contract, the transferor has the right to refuse to hand over the ownership of the trademark and may notify the transferee to terminate the contract. ?
16. Statement and Warranty?
Transferor: ?
1. The transferor is a legally established and legally existing enterprise with the right to sign and the ability to perform this contract. ?
2. All procedures required for the transferor to sign and perform this contract have been completed and are legal and valid. ?
3. At the time of signing this contract, no court, arbitration institution, administrative agency or regulatory agency has made any judgment, ruling, award or specific administrative action that would have a significant adverse impact on the transferor's performance of this contract. ?
4. The transferor has completed all internal authorization procedures required to sign this contract, and the signer of this contract is the legal representative or authorized representative of the transferor. This contract will be legally binding on both parties after it takes effect. ?
Transferee:?
1. The transferee is an enterprise established in accordance with the law and existing legally, and has the right to sign and the ability to perform this contract. ?
2. All formalities required for the transferee to sign and perform this contract have been completed and are legal and valid. ?
3. At the time of signing this contract, no court, arbitration institution, administrative agency or regulatory agency has made any judgment, ruling, award or specific administrative action that would have a significant adverse impact on the transferee's performance of this contract. ?
4. The transferee has completed all internal authorization procedures required to sign this contract, and the signer of this contract is the legal representative or authorized representative of the transferee. This contract will be legally binding on both parties after it takes effect. ?
17. Confidentiality?
Both parties promise to keep confidential the business secrets (technical information, operating information and other business secrets) obtained from the other party and cannot be obtained from public channels. A party shall not disclose all or part of a trade secret to any third party without the consent of the original provider of the trade secret. Except where otherwise provided by laws and regulations or otherwise agreed upon by both parties. The confidentiality period is _________ years. ?
If a party violates the above confidentiality obligations, it shall bear the corresponding liability for breach of contract and compensate for the losses caused thereby. ?
18. Force majeure?
Force majeure as mentioned in this contract refers to objective events that cannot be foreseen, cannot be overcome, cannot be avoided and have a significant impact on one party, including but not limited to Natural disasters such as floods, earthquakes, fires and storms, and social events such as wars, unrest, government actions, etc. ?
If the contract cannot be performed due to the occurrence of a force majeure event, the party encountering the force majeure shall immediately notify the other party in writing of the accident situation, and shall provide details of the accident and the failure to perform the contract within ________ days or Written information that requires postponement of performance can be negotiated to terminate the contract or temporarily delay the performance of the contract after both parties agree. ?
Nineteen. Notice?
1. All notices that need to be issued according to this contract, as well as document exchanges between the two parties, as well as notices and requirements related to this contract, must be in writing and can be delivered by ________ (letters, faxes, telegrams, in-person delivery, etc.). If the above methods cannot be delivered, the method of delivery can be adopted.
?
2. The correspondence addresses of all parties are as follows: _________. ?
3. If one party changes its notice or mailing address, it shall notify the other party in writing within _________ days from the date of change; otherwise, the party that has not notified shall bear the corresponding liabilities arising therefrom. ?
20. Dispute resolution?
1. This contract shall be governed by and construed in accordance with the laws of _________ country. ?
2. Disputes arising during the performance of this contract shall be resolved through negotiation between the parties, or may be mediated by the relevant departments; if negotiation or mediation fails, they shall be resolved in the following _________ ways:?
(1) Submit _________arbitration committee;?
(2) File a lawsuit in the People's Court in accordance with the law. ?
21. Interpretation?
This contract should be understood and interpreted in accordance with the purpose of the contract and the original meaning of the text. The title of this contract is only for the convenience of reading and does not shall affect the interpretation of this contract. ?
22. Supplements and Attachments?
Matters not covered in this contract shall be implemented in accordance with relevant laws and regulations. If laws and regulations do not provide for them, Party A and Party B may reach a written supplement. protocol. The attachments and supplementary agreements to this contract are integral parts of this contract and have the same legal effect as this contract. ?
23. Contract validity?
This contract shall take effect from the date when both parties or their legal representatives or their authorized representatives sign and affix their official seals. The validity period is _________years, from _________month______________year to _____________month_________day________year. This contract is made in _________ copies, each party holds _________ copies, which have the same legal effect; there are _________ copies of the contract, and one copy shall be sent to _________ for retention. ?
Transferor (seal): _________ Transferee (seal): _________?
Legal representative (signature): _________ Legal representative (signature): _________?
___________month____________month______year?
Signing place: _________ Signing place: _________