Trademark patent transfer contract

Trademark patent transfer contract, the contract is one of the rights protection methods used by modern people to protect their own interests, as long as one party violates the contents of the contract The other party can initiate legal action, so we must read it clearly when signing the contract. The following is a patent transfer contract regarding trademarks, for reference only! Trademark Patent Transfer Contract 1

Transferor (Party A):

Transferee (Party B):

According to " The relevant provisions of the Trademark Law of the People's Republic of China, the Implementing Regulations of the Trademark Law of the People's Republic of China and the Contract Law of the People's Republic of China, after friendly negotiation between Party A and Party B, it is now agreed upon by Party A voluntarily The trademark No. ______ registered in China is transferred to Party B, and the agreement is as follows: Trademark pattern

1. The transfer fee is RMB________, subject to the payment receipt, payment method, signature Payment is made in one lump sum at the time of contract.

2. This agreement will take effect from the date of signature and seal of both parties. From the date of signing the contract until the transfer of the trademark is approved, Party B has the exclusive right to use the goods approved for use of the trademark.

3. Party B is responsible for the specific procedures of trademark transfer application.

The transfer costs shall be borne by Party B. Party A shall provide all documents and certificates required for the above-mentioned valid trademark transfer. And ensure that such documents are authentic, legal and valid. During the entire process of transfer of the trademark, the transferor must assist the transferee in providing all information required for the transfer until the trademark is successfully transferred to Party B's name.

4. Party A guarantees that the transferred registered trademark is legal and free of rights defects

Specifically: (1) The transferred trademark has not been transferred to a third party before the date of transfer. The person who has applied for permission to use it;

(2) The transferred trademark does not have any trademark dispute with a third party before the transfer;

(3) The transferred trademark does not have any dispute with a third party before the transfer Litigation preservation of the property of the three parties;

(4) In accordance with Article 21 of the "Implementing Rules of the Trademark Law of the People's Republic of China", Party A shall register itself on the same or similar goods Or the same or similar registered trademarks in the application will be transferred together;

(5) Party B does not need to pay additional fees for trademarks that require transfer together.

5. If the transferred registered trademark becomes invalid due to Party A’s reasons, Party A shall be responsible for refunding the trademark transfer fee in full.

6. If there is a dispute between Party A and Party B during the performance of the contract, they should negotiate amicably. If negotiation fails, they will file a lawsuit. Party A and Party B should file a lawsuit in the People's Court where Party B is located.

7. Liability for breach of contract. If Party A sells the above trademark to other units or individuals before or after signing this agreement, it shall bear relevant legal liability and compensate Party B for ten times the transfer fee as liquidated damages.

8. This agreement is made in triplicate, with Party A and Party B each holding one copy, and the National Trademark Office filing one copy.

9. Matters not covered in the contract shall be supplemented and resolved through negotiation between the two parties. The supplementary terms shall have the same legal effect as this contract.

Content that both parties think needs to be supplemented:

Party A (seal):

Party B (seal):

Representative (signature):

Representative (signature):

Patent transfer contract for trademark date 2

Contract number: Keyanhezi (20) Project name:

Contract number: Keyan Hezi (20) Project name:

Technology transferee: (Official seal) (Party A) Technology transferor: (Official seal) (Party B) Intermediary (Official seal) Contract registration authority:

Contract signing date: ____ month ____ year Contract performance period: _________ year ____ month ____ to _________ year ___ _month____ day Development unit (individual) Development completion date _________ year ____ month ____ day Main developers

Patent application number Patent approval number Patent application time year ____ month Patent approval time on ____day_______year____month____dayThe validity period of the patent right is________year____month____day________year____month____day< /p>

1. Name and content of the invention:

2. Patent implementation and implementation license:

3. Patent assignor and assignee Obligations:

4. List of technical information and materials:

5. Plan, schedule, deadline, location and method of performing the contract:

6. Acceptance Standards and methods:

7. Transaction amount, payment time and payment method:

Lump-sum payment:

Installment payment:

< p>

% commission based on profit or sales Time:

Other methods:

8. The obligations and responsibilities of the intermediary and the proportion of intermediary service fees collected and Payment method:

9. Liability for breach of contract:

10. Dispute resolution:

1. Explanation of terms and terms:

2. Other related matters:

Technology transferee (official seal) Legal representative:

Address

Telephone number

Account number< /p>

Bank of account

Technology transferor

(Official seal) Legal representative:

Address

Tel< /p>

Account number

Bank account

Intermediary

(Official seal) Legal representative:

Address

Telephone number

Account number

Account opening bank

Opinion of the assurance unit:

(Official seal) Person in charge: _________ Opinions of the notary unit on ____month____:

(Official seal) Person in charge: Office of affixing tax stamps on ____month__________

Registration Agency review registration column:

Technology contract registration agency (special seal)

Person in charge: (Signature and seal) Technology transferee on _________year____month____ (Official seal)

(Party A)

Technology transferor: (Official seal) (Party B)

Intermediary: (Official seal) Contract registration authority:

Contract signing date: _________year____month____day Contract performance period: _________year____month____ to _________year____month____ R&D unit

(Individual) R&D completion date _________year____month____ day Main R&D personnel

Patent application number Patent approval number Patent application date year____ Patent approval date____

The validity period of the patent right is from _________year____month____ to _________year____month____. Patent transfer contract for trademark 3

Contract number: _________

Transferee: _____________ (hereinafter referred to as Party A)

Legal address: _________

Legal representative: _________ < /p>

Position: _________

Authorized agent: _________

ID number: _________

Mailing address: _________

Postal code: _________

Contact person: _________

Telephone: _________

Fax: _________

Account number: _________

E-mail: _________

Transferor: _____________ (hereinafter referred to as Party B)

Legal address: _________

Legal representative: _________

Position: _________

Authorized agent: _________

ID number: _________

Mailing address: _________

p>

Postal code: _________

Contact person: _________

Telephone: _________

Fax: _________

Account number: _________

E-mail:_________

Patent validity period: _________year________month__________ to _________year________month________day

Party B of this contract transfers its _________ patent rights to Party A, and Party A accepts the transfer and pays the corresponding transfer price. After equal consultation, both parties have reached the following agreement based on the true and full expression of their respective wishes and in accordance with the provisions of the Contract Law of the People's Republic of China, which shall be abided by by both parties.

Article 1 The patent rights transferred by this contract:

(1) It is a ________ (invention, utility model, design) patent.

(2) Inventor/designer: _________.

(3) Patentee: _________.

(4) Patent grant date: _________.

(5) Patent number: _________.

(6) Patent validity period: _________.

(7) The patent annual fee has been paid to _________.

Article 2 The status of Party B’s implementation or licensing of this patent right before the signing of this contract is as follows:

(1) The status of Party B’s implementation of this patent right (time, location, Method and scale): _________

(2) The status of Party B’s licensing of others to use this patent (time, place, method and scale): _________

(3) This contract comes into effect Afterwards, Party B is obliged to inform the parties licensed to use the invention within ________ days of the status of the patent transfer.

Article 3

Party A shall ensure the performance of the original patent licensing contract after this contract takes effect. The rights and obligations enjoyed by Party B in the original patent licensing contract shall be borne by Party A from the effective date of this contract. Party B shall notify and assist the transferor of the original patent licensing contract to handle contract changes with Party A within ________ days.

Article 4

If Party B continues to exploit this patent after this contract takes effect, it shall be handled in accordance with the following agreement: _________

Article 5

< p> (1) In order to ensure that Party A effectively owns this patent right, Party B shall submit the following technical information to Party A:

1. All patent application documents submitted to the China Patent Office, including specifications, rights Letter of request, drawings, abstract and abstract drawings, request, statement of opinions, changes in bibliographic matters, approval decisions on restoration of rights after loss of rights, power of attorney, etc. (if the application is PCT, all PCT applications must also be included document).

2. All documents issued by the China Patent Office to Party B, including acceptance notice, intermediate documents, authorization decision, patent certificate and copies, etc.

3. The patent implementation license contract that Party B has authorized others to implement, including the attachments to the contract (i.e., the technology, process and other documents related to the implementation of the patent).

4. Document proving the validity of the patent right issued by the China Patent Office. Refers to the latest patent annual fee payment receipt (or the patent register of the Patent Office), in the request for revocation or invalidation of the patent right, the decision made by the China Patent Office or the Patent Reexamination Board or the People's Court to maintain the validity of the patent right, etc.

5. Transfer approval document from the superior authority or the relevant department of the State Council.

6. _________.

(2) Time for delivery of documents

After the contract takes effect, Party B shall deliver the contract documents to the transferee within ________ days after Party B receives the transfer fee paid by Party A to Party B. All the information mentioned in Article 1, or after the contract comes into effect, Party B shall deliver all (or part) of the information mentioned in Article 1 of the contract to Party A within ________ days. If it is part of the information, Party B shall wait until Party A delivers the transfer fee to Party B. Within _________ days, Party B will deliver the remaining information to Party A.

(3) Method and place of delivery of information

Party B shall submit all the above information to Party A in person, registered mail or air transport, and shall submit the list of information in person. , submit it to Party A by mail or fax, and submit the air waybill to Party A in person or by mail. The delivery location of all materials shall be the location of Party A or the location agreed upon by both parties.

Article 6 Transition Period Clauses

(1) After this contract is signed and takes effect until the date of registration and announcement by the Patent Office, Party B shall maintain the validity of the patent. During this period , the annual fees and renewal fees to be paid (for utility models and designs applied before _________, month, _________, _________) shall be paid by Party B.

(2) After this contract is registered and announced in the Patent Office, Party A is responsible for maintaining the validity of the patent, such as handling patent annual fees, renewal fees, administrative revocation and invalidation requests, and invalidation litigation. Responding to litigation and other matters. (It can also be agreed that after this contract is signed and becomes effective, all costs for maintaining the validity of the patent rights shall be paid by Party A.)

(3) During the transition period, Party B or Party A is unable to do so due to force majeure. If the contract is performed, this contract will be terminated.

Article 7

After the signing of this contract, the _________ party will be responsible for handling the registration of patent transfer within ________ days.

Article 8

In order to ensure that Party A effectively owns this patent, Party B transfers to Party A the technical secrets related to the implementation of this patent:

1. Contents of technical secrets: _________.

2. Implementation requirements for technical secrets: _________.

3. The scope and period of confidentiality of technical secrets: _________.

Article 9

Party B guarantees to Party A that when this contract is concluded, this patent does not have the following defects:

1. The patent is protected by Constrained by property rights or mortgage rights;

2. The implementation of this patent right is restricted by another existing patent right;

3. There is a right of prior use of the patent; < /p>

4. There is a compulsory license;

5. There is a "planned promotion license" adopted by the government;

6. Under this patent right The invention is illegally obtained.

If Party B fails to truthfully inform Party A of the above rights defects when this contract is concluded, Party A has the right to refuse to pay the usage fee and require Party B to compensate for the additional expenses incurred thereby.

Article 10

According to Article 50 of the Patent Law, after the establishment of this contract, if Party B’s patent rights are revoked or declared invalid, if there is no obvious violation of the principle of fairness, If Party B has no malicious intent to cause losses to Party A, Party B will not return the transfer fee to Party A, and Party A will not return all the information.

If the signing of this contract obviously violates the principle of fairness, or Party B intentionally causes losses to Party A, Party B shall return the transfer fee.

When another person files a request to the Patent Office to revoke the patent right, or requests the Patent Reexamination Board to declare the patent right invalid, or is dissatisfied with the decision of the Reexamination Board (for invention patents) and files a lawsuit in the People's Court, upon the establishment of this contract Afterwards, Party A will be responsible for the defense and bear the resulting request or litigation costs.

Article 11

Party A pays Party B the price for the transfer of the patent right and the payment method is as follows:

1. The total price for the transfer of the patent right is : _________; among which, the transfer price of technical secrets is _________

2. The transfer price of patent rights shall be paid by Party A to Party B (once, in installments or as a commission).

Specific payment methods and times are as follows:

1. _________

2. _________

3. _________

The name, address and account number of the bank where Party B opens an account are:

Bank of account: _________

Address: _________

Account number: _________

3 , Both parties confirm that if Party A pays Party B's research and development funds and remuneration with the profit commission generated from the implementation of research and development results, Party B has the right to inspect Party A's relevant accounting accounts in a _________ manner.

4. If Party B and Party A are both Chinese citizens or legal persons, the taxes required to be paid on the transfer fees involved in this contract shall be paid by Party B in accordance with the People's Republic of China and the National Tax Law.

5. If Party B is an overseas resident or entity, Party B shall file a tax payment with the Chinese tax authorities in accordance with the National Tax Law of the People's Republic of China and the Income Tax Law of the People's Republic of China and Foreign-Invested Enterprises and Foreign Enterprises. Pay taxes.

6. If Party B is a Chinese citizen or legal person and Party A is an overseas unit or individual, the tax shall be paid according to the tax laws of the other country or region.

Article 12

The parties determine that during the performance of this contract, neither party shall restrict the other party's technological competition and technological development in the following ways:

1. _________;

2. _________;

3. _________;

Article 13

Both parties agree:

1. Party A has the right to make subsequent improvements using the inventions and creations involved in the patent rights transferred by Party B. The resulting new technological achievements with the characteristics of substantial or creative technological progress shall be owned by _________ (Party A, both parties). The specific distribution method of relevant benefits is as follows: _________.

2. Party B has the right to make subsequent improvements to the inventions and creations involved in the patent right after the patent right has been delivered to Party A. The resulting new technological achievements with the characteristics of substantial or creative technological progress shall be owned by _________ (Party B, both parties).

The specific distribution method of relevant benefits is as follows: _________.

Article 14

For Party B:

1. If Party B refuses to deliver all the information stipulated in the contract and go through the patent transfer procedures, Party A has Party B has the right to terminate the contract and require Party B to return the transfer fee and pay liquidated damages of _________ yuan.

2. Party B, without justifiable reasons, overdues the delivery of materials to Party A to handle the patent transfer procedures (including making changes to the bibliographic matters to the Patent Office). For each overdue week, Party B will pay a penalty of _________ yuan for two overdue weeks. month, Party A has the right to terminate the contract and require the return of the transfer fee.

3. According to Article 6, Party B shall pay liquidated damages of _________ yuan.

Yes. Party A:

1. Party A refuses to pay the transfer fee, and Party B has the right to terminate the contract and require the return of all information, and to demand compensation for its losses or payment of liquidated damages of _________ yuan.

2. If Party A pays the transfer fee overdue, Party B shall pay liquidated damages of _________ yuan for each overdue ________(time); if Party B is overdue for two months, Party B shall have the right to terminate the contract and require the payment of liquidated damages of _________ yuan

< p>　3. In case of breach of contract according to Article 6, Party A shall pay liquidated damages of _________ yuan.

After the defaulting party assumes the liability for breach of contract, the contracting parties agree on the contents of this contract:

1. Continue to perform.

2. No longer perform.

Article 15:

Both parties confirm that during the validity period of this contract, Party A will designate _________ as Party A’s project contact person, and Party B will designate _________ as Party B’s project contact person. The project contact person shall bear the following responsibilities:

　1. _________;

2. _________;

3. _________.

If one party changes the project contact person, it shall promptly notify the other party in writing. If it affects the performance of this contract or causes losses, it shall bear corresponding responsibilities.

Article 16

The parties determine that the following circumstances will make the performance of this contract unnecessary or unnecessary. If it is impossible, this contract can be terminated:

1. Due to force majeure:

2. ________;

3. _________. >Article 17 Dispute Handling

(1) This contract shall be governed by and interpreted in accordance with the laws of _________ country

(2) Disputes arising during the performance of this contract. Disputes shall be settled through negotiation between the two parties, or may be mediated by relevant departments; if negotiation or mediation fails, they shall be resolved in the following _________ ways:

1. Submit to _________ Arbitration Commission for arbitration;

2. Sue in the People’s Court in accordance with the law

Article 18 Force Majeure

(1) If any party to this contract fails to perform its obligations due to a force majeure event. The performance of all or part of the obligations under this contract shall be suspended during the period when a force majeure event prevents its performance.

(2) The party claiming to be affected by the force majeure event shall notify the other party of the occurrence of the force majeure event in writing as soon as possible and notify the other party within ________ days after the force majeure event occurs. One party shall provide appropriate evidence regarding such force majeure event and its duration, as well as written information indicating that the contract cannot be performed or that performance needs to be postponed. The party that claims that a force majeure event renders its performance of this Contract objectively impossible or impractical shall be responsible for making all reasonable efforts to eliminate or mitigate the impact of such force majeure event.

(3) When a force majeure event occurs, both parties shall immediately decide how to implement this contract through friendly consultations. After the force majeure event or its impact is terminated or eliminated, both parties must immediately resume performance of their respective obligations under this contract.

If force majeure and its effects cannot be terminated or eliminated, causing any party to the contract to lose the ability to continue to perform the contract, the parties may negotiate to terminate the contract or temporarily delay the performance of the contract, and the party experiencing force majeure does not need to bear responsibility for this. If force majeure occurs after the party delays performance, it cannot be exempted from liability.

(4) The term "force majeure" in this contract refers to an event that is beyond the reasonable control of the affected party, is unforeseeable, or is unavoidable and insurmountable even if it is foreseeable, and occurs after the signing date of this contract. , any event that makes it objectively impossible or impractical for the party to perform all or part of this contract. Such events include but are not limited to natural disasters such as floods, fires, droughts, typhoons, earthquakes, and social events such as wars (whether war has been declared or not), *, strikes, government actions or legal regulations, etc.

Article 19 Interpretation

This contract shall 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 shall not affect Interpretation of this Contract.

Article 20 Supplements and Attachments

Matters not covered in this contract shall be implemented in accordance with relevant laws and regulations. If laws and regulations are not provided for, both parties may reach a written supplementary agreement. The attachments and supplementary agreements to this contract are integral parts of this contract and have the same legal effect as this contract.

Article 21 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.

Article 22

Both parties agree that the definitions and explanations of relevant terms and technical terms involved in this contract and relevant attachments are as follows:

1. Patent - refers to the _________ patent authorized by the State Intellectual Property Office that Party B allows Party A to implement, patent number: ________, invention name: _________.

2. Contract products - a series of products produced by the client using this patent that comply with corporate standards or instructions, referred to as products, and their names are: _________ or _________ or others.

3. Corporate standards or instructions - The enterprise standards or instructions for each product in the series of products formulated by the client must stipulate or describe the performance and functional indicators that must at least reflect the practical value of the product.

4. Transfer of patent rights - means that Party B transfers all rights of the patent to Party A (national buyout), that is, Party A has the right to receive the original patent information ("Patent Certificate", etc.), design, All rights include trial production, production and sales of contracted products, registration of changes in patent descriptions, re-transfer or sub-licensing of patent rights, and application for new patents based on this technology.

5. Trial production period--refers to the signing date and ends thirty days thereafter. During the trial production period, Party A must try its best to design and trial produce the contract products, and formulate corporate standards or instructions.

6. Third party - refers to a unit or individual that is different from the natural person or the legal person or legal representative stated in the business license and the natural person or the legal person or legal representative stated in the business license of both parties to the contract.

7. _________.

Article 23

The following technical documents related to the performance of this contract shall be an integral part of this contract after being confirmed by both parties in a _________ manner:

1. Technical background information: _________;

2. Feasibility demonstration report: _________;

3. Technical evaluation report: _________;

4 , Technical standards and specifications: ________;

5. Original design and process documents: ________;

6. Others: ________.

Article 24

This contract shall take effect from the date of registration with the Patent Administration Department of the State Council.

Article 25

The parties agree that other relevant matters in this contract are: _________.

1. In order to ensure that both parties can exchange opinions in a timely manner, it is agreed that e-mail will be used as the method for exchanging opinions on the terms of the contract. After receiving the contract draft or comments from the other party, you must confirm or modify it within ________ working days and send it to the other party via email. If you fail to respond within the due date, the terms of this contract may be renegotiated.

2. This contract shall take effect from the signing date. During the execution of the contract, any changes, modifications, additions or deletions to its terms must be negotiated and agreed upon by both parties and signed in writing, which shall be an integral part of the contract and have the same effect as the contract.

3. When a statutory force majeure event occurs (such as fire, flood, earthquake, war, etc.), Party A will promptly notify Party B with a valid certificate, and this contract will be terminated, and the fees incurred will not be refunded or settled.

4. This contract shall be printed in Chinese in one _________ copy and shall be kept by Party B, Party A, the notary office at the place where the contract is signed, the technology contract registration authority at the place where the contract is signed, and the patent management department where both parties are located. One serving. This contract and subsequent important correspondence between the two parties, whether sent or sent (registered mail, scanned copy sent by email, fax), must be printed in Chinese and signed and sealed to be valid.

5. _________.

Transferor (seal): _________ Transferee (seal): _________

Legal representative (signature): _________ Legal representative (signature): _________

Authorized agent (signature): _________ Authorized agent (signature): _________

Place of signing: _________ Place of signing: _________

_______year___month_ __day_________year___month___day