In the process of buying and selling trademarks, almost all merchants will sign a trademark sales contract to ensure the legality and validity of the transaction. Regarding the content of the contract, almost all merchants will stipulate the details of the trademark transaction in the contract, such as the detailed description of the trademark, the determination of the trademark transaction price, etc. The merchant cannot go back at will after the trademark transaction. From the perspective of the entire process of trademark sales, signing a trademark sales contract is crucial.

Is the trademark sales contract signed by the merchant protected by law?

The signing of a trademark sales contract plays a very important role in the entire process of corporate trademark sales. For example, when a dispute arises in the future, this contract needs to be used as the basis or evidence and submitted to the court as litigation materials. Therefore, it is necessary for enterprises to sign a trademark sales contract. However, in order for this contract to have legal effect, the enterprise must sign and perform this contract in accordance with the relevant provisions of the Contract Law. For merchants who buy and sell trademarks on the platform, this contract is usually prepared by the platform, but for merchants who transfer trademarks privately, they must understand the contract laws and regulations in advance to better establish the legal effect of this contract.

Violation of contract laws and regulations will render this contract invalid. Naturally, companies will use it to resolve disputes in the future, but it will not play a very important role.

What should be included in a trademark transfer contract?

1. Detailed information of the trademark. Such as trademark registration time, trademark category, trademark name, past promotion and use and market share, number of trademark renewals, trademark sales price, payment of trademark rights transfer fees, ensuring trademark quality and commercial value, etc., and even merchants’ evaluation of trademark value method, exchange rate and buyer’s payment method, etc.

2. Confidentiality and liability for breach of contract after trademark sale. When some merchants buy a trademark, they will find that the trademark is not what they want, so they will regret it. At this time, the merchant must indicate this in the contract, and the buyer must bear at least some liability for breach of contract and payment methods for damages caused. In addition, if the merchant needs to maintain confidentiality, this should also be stated in the contract.

After the contract content is determined, the company needs to pay more attention to signing or sealing, so as to effectively establish the contract. The content of the contract should be as accurate and comprehensive as possible to protect the interests of both parties.

Details determine success or failure. Trademarks are of great significance to enterprises. Whether it is trademark transfer or trademark use, attention must be paid to these issues. For more details, please consult Bajie Intellectual Property Trademark Transfer Network!