In study, work and life, agreements are needed in more and more places. Signing an agreement is one of the most effective legal basis. What kind of agreement is effective? Below are 6 trademark agreements that I have carefully compiled. Welcome to read and collect them. Trademark Agreement Part 1
Party A: ________
Party B: ________
Party A is the registered trademark of "______________" (Class 25) in mainland China The licensee, Party B, without the consent of Party A, added "_______" as the product name for external sales in the process of selling goods in its shopping mall, which violated Party A's right to use registered trademarks. Party A filed a civil lawsuit with Hangzhou Intermediate People's Court regarding Party B's infringement. Now, after friendly negotiation, Party A and Party B have reached an agreement as follows:
1. Party B shall pay Party A a one-time compensation of RMB _______ yuan as compensation for the economic losses caused by Party B's infringement.
2. Party B guarantees that after the agreement comes into effect, it will no longer engage in infringement of the "_______" registered trademark.
3. Party A promises that after this agreement takes effect, it will no longer hold Party B responsible for infringing the exclusive rights of the "_______" registered trademark before this agreement takes effect (including litigation, media exposure, etc.).
4. If Party B continues to engage in infringement of the "_______" registered trademark after this agreement comes into effect, Party A still has the right to pursue Party B's infringement liability.
5. This agreement shall be issued by the Hangzhou Intermediate People's Court and shall take effect after being signed by the specially authorized agents of Party A and Party B. If Party B fails to pay compensation in time according to the mediation letter, Party A will apply to the court for enforcement based on the subject matter of the lawsuit.
6. This agreement is made in duplicate, with A and B each holding one copy.
Party A: ______________
Party B: ______________
Time: ______________
Time: ______________ Trademark Agreement Part 2
Trademark right transferor:
(Party A) Trademark right transferee:
(Party B) Party A and B have reached an agreement on the transfer of trademark rights as follows: Agreement:
1. Contents of the contract
1. Transferred trademark name:
2. Trademark pattern (affix the trademark pattern and have it stamped by the transferor) )
3. Trademark registration number:
4. The next time the trademark should be renewed:
5. The goods covered by the registration of the trademark Or the type of service and the specific name of the goods or services:
2. 1. The transferor of trademark rights guarantees that he is the registered owner of the above-mentioned trademark.
Before the signing of this contract, this trademark had signed a non-exclusive (or exclusive) trademark use license contract with ×××. From the effective date of this trademark transfer contract, the trademark use license originally signed with ××× will be transferred to the transferee as the party to the contract, and all rights and obligations stipulated in the original contract will be enjoyed and borne by the transferee. The transferor shall notify Party ××× of the transfer of ownership.
2. After the trademark right is transferred, the transferee’s permissions:
a. The types of goods (or categories and names of services) that can use the trademark: b. The types of goods that can use the trademark Geographical scope of the trademark: 3. Change procedures after the trademark transfer contract takes effect: Party A (or Party B) shall handle the procedures for changing the registrant after the trademark transfer contract takes effect. The fees required for changing the registrant shall be borne by the _________ party . 3. The nature of the transfer of trademark rights (you can choose among the following items):
1. Permanent transfer of trademark rights ( );
2. Non-permanent trademark rights transfer().
IV. Time for transfer of trademark rights:
From the effective date of this contract, or after the trademark transfer and change registration procedures are completed, the trademark right will be officially transferred to the transferee.
If the transfer of trademark rights is non-permanent, the transfer period of the trademark rights is _________ years, from _________month________ of year________ to _________month__year________ _______day. The transferor will take back the trademark rights on the expiration date of this contract.
5. Guarantee of product quality:
1. The transferor of trademark rights requires the transferee to ensure that the treatment of the product 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 know-how for manufacturing such goods (an additional technology transfer contract can be signed); product instructions, product packaging laws, product maintenance laws, and, if necessary, should also be provided. Provide a list of customers who frequently purchase the item.
In the case of a non-permanent transfer, the transferor can supervise the transferee's production and has the right to inspect the transferee's production conditions and product quality.
2. Both parties bear the obligation to keep the other party’s production and operation secrets; the transferee shall not disclose the technical secrets and business secrets provided by the transferor for the transfer of the trademark during and after the contract period. .
3. The transferor should ensure that the transferred trademark is a valid trademark and that no third party has ownership of the trademark.
4. 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 engage in other activities that compete with the production and sales of the goods. . 6. Transfer fee and payment method for the transfer of trademark rights: 1. The transfer fee is calculated based on the transfer authority reaching ***________ million yuan;
2. Payment method: ________ ________ ________
3. Payment time: ________ ________ ________
7. Liability for breach of contract by both parties:
1. After the contract takes effect, the transferor violates the contract and is still producing goods If you continue to use this trademark, you should not only stop using this trademark, but 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 delivery Ownership of the trademark, and can notify the transferee to terminate the contract;
3. Others...
8. Other terms or other matters agreed upon by both parties:
1. Method of resolving contract disputes: Negotiation. If negotiation fails, both parties agree to arbitrate by Taiyuan Arbitration Commission
2. This contract shall take effect from the date of signing. 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.
Transferor: (Chapter) Transferee: (Chapter)
Legal representative: Legal representative:
Address: Address:
Telephone number: Telephone number:
Year, month and day Trademark Agreement Part 3
Client (Party A):
Legal representative:
Correspondence address:
Contact information:
Agent (Party B):
Legal representative:
Correspondence address :
Contact information:
After friendly negotiation between the two parties, the following agreement was reached on the matter of registered trademarks:
1. Party B accepts the entrustment of Party A and acts as its agent Apply to the National Trademark Office of China to register ____ trademarks in Class ____ (goods/services).
2. Rights and obligations of both parties
1. Party A provides Party B with the documents and certificates required for trademark registration, and guarantees the authenticity, validity and legality of the documents and certificates provided. Party B shall actively assist Party B in its trademark registration agency work to ensure nothing goes wrong.
2. After Party B accepts the entrustment, Party B will complete the trademark agency registration, design, production and other matters within the agreed time. If the registration materials are rejected or need to be deleted, Party B will receive the "Trademark Registration Certificate" Time limit extended.
3. Party B’s responsibilities:
(1) Maintain Party A’s legitimate rights and interests, protect the integrity of the trademark registration materials entrusted by Party A, and protect known business secrets.
(2) Party B shall complete the declaration procedures within ____ working days after all the trademark registration materials provided by Party A are complete, and provide Party A with valid certificates, which shall be completed within ____ months Trademark registration business.
(3) If Party A provides false materials, Party B has the right to terminate the trademark registration business, and the advance payment received in accordance with the contract will not be refunded.
3. Party A pays Party B’s fees (currency: ____)
1. Trademark registration agent application fee: ____ yuan/standard/class, ten items.
2. Inquiry fee:
(1) Chinese inquiry: ____ yuan/standard/category, ten items.
(2) English query: ____yuan/standard/category, ten items.
(3) Graphic query: ____yuan/standard/category, ten items.
3. The production fee for registered trademarks: ____ yuan.
4. The total trademark registration fee and agency fee paid by Party A to Party B is: ____ yuan.
5. After Party A remits the trademark registration and related fees to the account designated by Party B, Party B shall immediately apply for registration to the Trademark Office, which shall not exceed ____ working days. Party A has the right to supervise.
IV. If the registered trademark applied by Party B on behalf of Party A is rejected by the State Trademark Office or needs to be deleted, Party A will decide whether to apply to the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce for rejection review or deletion; if Party A decides If the application is rejected for review or deletion, Party A and Party B may sign a separate entrustment agreement.
5. Liability for breach of contract by both parties
1. Once the agreement is signed in accordance with the law, Party A and Party B shall conscientiously abide by it, perform their respective rights and obligations, and shall not modify or terminate the agreement without authorization. The agency business is completed This agreement will automatically become invalid thereafter.
2. During the performance of the agreement, if it conflicts with laws, regulations and policies and cannot continue to be performed, the agency agreement will be automatically terminated.
3. If Party A gives up the application during the trademark application process, it must pay Party B liquidated damages. Liquidated damages are: ____ yuan.
VI. Resolution of Disputes
If any dispute arises during the performance of this Agreement, both parties shall negotiate and resolve it in a friendly manner. If the negotiation fails, both parties may file a lawsuit with the ____ People in accordance with the law. Prosecution in court.
7. This agreement is made in ____ copies, with each party holding ____ copies. This agreement will take effect on the date of signature by both parties and has the same legal effect. Any outstanding matters shall be resolved through negotiation between Party A and Party B.
Party A:
Legal representative:
Signing time: ____year____month____day
Party B :
Account opening bank:
Account:
Signing time: ____ year ____ month ____ day Trademark Agreement Part 4
Trademark Design Agreement
Party A: _________
Party B: _________
Both parties adhere to the principles of good faith, mutual benefit and fair dealing. The following agreement has been reached regarding Party A entrusting Party B with design services:
1. Service content:
Project: ________;
Content, specifications, requirements: ________;
Cost: _________;
Remarks: _________;
Total contract cost: RMB ________ Yuan (_______ yuan), to be paid by Party A To Party B. According to the company or product brand ¥_________ yuan, ________ provides ________ electronic files for copyright transfer.
2. Responsibilities of both parties:
Party A needs to provide clear work requirements, and at the same time provide relevant information and consultation to Party B in a timely manner; Party A needs to promptly respond to the design proposed by Party B Provide feedback on the plan; Party A must pay relevant fees to Party B as stipulated in the contract.
Party B must provide detailed design plans to Party A through electronic documents for review by Party A’s designated personnel; Party B must strictly comply with Party A’s requirements and perform work stipulated in the contract at a professional level; Party B must abide by Party A’s commercial (Information) Confidential.
Party B needs to provide Party A with at least five different design plans for Party A’s confirmation, and modify them to perfection based on communication between the two parties; if there are deviations in Party B’s standards or design ideas, Party B must submit The design draft cannot be approved by Party A, and Party B needs to provide the design plan to Party A again. If the design plans provided to Party A three times currently are not recognized by Party A after active communication between Party B and Party A's decision-makers, Party A has the right to request the termination of the contract. Both parties A and B are based on integrity, and the time requirement for completing the above work contents through cooperation is: _________year________month________ days before.
3. Payment method:
From the date when Party A and Party B sign the contract, Party A shall prepay 50% of the total contract amount to Party B as a deposit.
When this contract is completed, Party A shall pay Party B the balance of the contract in one lump sum, totaling _________ yuan.
IV. Other matters:
Neither Party A nor Party B shall terminate the agreement without reason, otherwise the breaching party shall bear the economic losses of the other party.
After Party A pays the full contract price to Party B, Party B shall provide Party A with the electronic files of the work and the copyright transfer. The prerequisite for Party A to use Party B's work is that Party A has paid Party B the full cost of the work, or Party B agrees.
Matters not covered in this contract shall be resolved through separate negotiation between Party A and Party B. The contract shall come into effect from the date of signing.
This contract is valid by fax in one _________ copy, with each party holding ________ copies, and has the same legal effect.
Party A (seal): _________ Party B (seal): _________
Legal representative (signature): _________ Legal representative (signature): _________
_________year____month____day_________year____month____day
Signing place: ________ Signing place:_________ Trademark Agreement Part 5
This agreement is signed by _________ Company (hereinafter referred to as the licensor) and _________ (hereinafter referred to as the licensee) on _________month_________year_____.
Whereas Licensor owns registered trademarks and service marks of certain value, and owns and may sell other Licensor property as described in Section 1 of the Attachment, including the "Trademarks". This trademark is frequently used on radio or television and appears in various promotions and advertising businesses, is widely recognized by the public, and has a close relationship with the licensor in the public impression;
Whereas the licensee intends to use this trademark when manufacturing, selling, and distributing products;
Therefore, taking into account the guarantees of both parties, the following agreement is reached:
1. Grant of license
1. Products
According to the terms stipulated below, the licensor grants the licensee, and the licensee accepts the license to use this trademark alone and only use it when manufacturing, selling and distributing the following products.
_________(Add product description)
2. Region
The license agreement is only valid in the _________ region. Licensee agrees not to directly or indirectly use or authorize the use of this trademark in other regions, and not to knowingly sell the products to third parties who intend or may sell the products under the agreement in other regions.
3. Term
The license agreement shall take effect on _________, and will expire on _________ if it is not terminated in advance. If the conditions of the agreement are met, the term of this agreement will be automatically renewed every year until the last renewal is terminated on December 31 of _________. This license agreement begins on December 31 of _________, and is automatically renewed for one year at the end of each period until December 31 of the next year, unless one party notifies the other party of termination in writing 30 days before the expiration of the agreement. Execution of the Agreement.
2. Payment method
1. Ratio
The licensee agrees to pay the licensor the net amount of the agreed products sold by it or its affiliates, subsidiaries, etc. _________ of sales as royalties. "Net Sales" means total sales less quantity discounts and margins, but excluding cash discounts and non-collectible account discounts. No fees incurred in making, selling or exploiting the Products may be deducted from the royalties payable by Licensee. Licensee agrees that any payment of a higher royalty fee or a higher percentage of the license fee to another licensor will automatically and immediately apply to this Agreement.
2. Minimum usage fee
The licensee agrees to pay the licensor a minimum usage fee of _________ as a minimum guarantee for the usage fees payable in the first period of the contract. , the above minimum usage fee will be payable on or before the last day of the first period. Down payments made at signing of the agreement will not be included. This minimum royalty fee will not be refunded to Licensee under any circumstances.
3. Periodic reports
After the first batch of agreement products are shipped, the licensee shall immediately provide the licensor with a complete and accurate report indicating the licensee’s sales in the previous period. Provide product quantity, overview, total sales, detailed discounts on total sales, net sales and profits for the previous period. Licensee will use the attached sample report provided to it by Licensor. Reports shall be provided to Licensor regardless of whether Licensee sold Products in the prior period.
4. Usage fee payment
Usage fees other than the minimum usage fee mentioned above must be paid ________ days after the sales period, and the above-required reports must also be submitted at the same time. After the licensor accepts the report and usage fee provided by the licensee as required by the agreement (or cashes the check for payment), if it discovers any inconsistency or error in the report or payment, it may raise a question at any time, and the licensee must make corrections in a timely manner. Pay. Payment is applied in USD. Internal taxes payable in the licensed territory are paid by the licensee.
3. Exclusive rights
1. Unless the licensor agrees not to re-license the trademark to others when selling the products mentioned in Section 1 within the effective area of ??the agreement during the validity period of the agreement, This Agreement does not limit Licensor's right to license the use of this trademark to others.
2. The agreement stipulates that if the licensor proposes to the licensee to purchase the products mentioned in Section 1 for rewards, gifts or other promotional arrangements, the licensee has 10 days to decide whether to agree. If Licensee does not accept this request within 10 days, Licensor shall have the right to make incentives, gifts or other promotional arrangements through other producers. In this case, when the other producer's price is higher than the price paid by the licensor to the licensee, the licensee has 3 days to comply with the producer's request for the production of such product. The Licensee guarantees that the Agreement Products will not be used as rewards together with other products or services, and the Agreement Products will not be sold together with other products or services as rewards without the written consent of the Licensor. Trademark Agreement Part 6
Party A (the entrusting party):
Party B (the entrusted party): XX Trademark Registration Company
In order to protect the corporate image of Party A and intangible assets, Party A now entrusts Party B as Party A's intellectual property agency to handle trademark applications. In order to clarify the rights and obligations of both parties, on the basis of equality and voluntariness, the two parties have reached the following agreement through friendly negotiation:
1. Party A entrusts Party B to apply for registration of the trademark in Class 1, and provide Party A with free consultation and relevant legal advice on trademark-related matters.
2. Party A cooperates with Party B’s work and provides relevant application materials as required by Party B: original and duplicate copies of business license, copy of personal ID card, trademark drawing, trademark registration application, and trademark agency power of attorney. (The texts of the application form and power of attorney are provided by our company). Our company will complete the affairs entrusted by Party A in a timely manner.
3. Party B is responsible for completing the writing of trademark application documents according to Party A’s entrustment needs. After Party A’s confirmation, Party B will submit the trademark application documents to the National Trademark Office. Party B will receive a formal acceptance notice from the National Trademark Office. The original acceptance notice will then be sent to Party A.
4. If the Trademark Office issues a document later and Party B notifies Party A, Party A must give Party B a reply within the statutory time limit. If Party B does not reply within the time limit, Party B may regard Party A as agreeing to the Trademark Office’s decision. , reply to the Trademark Office in accordance with relevant laws.
5. Party A will remit the registration fee (RMB) in cash or remittance to the bank account designated by Party B within two working days from the date of signing this agreement.
Account opening name:
Account opening bank:
Account number:
6. During the trademark application period, any contact information of Party A, including If there are any changes in address, telephone number, fax, etc., please notify Party B in time for easy contact. If Party A fails to notify Party B in a timely manner due to changes in contact information, Party A shall be solely responsible for the legal consequences.
7. After Party A’s trademark registration application is approved, Party B can provide Party A with the “Trademark Announcement” monitoring service for the registered trademark free of charge, and promptly notify Party A if the same or similar trademark is discovered. And provide corresponding legal documents.
Contract No.:
8. If Party A needs Party B to provide corresponding assistance in the process of applying for trademark protection and combating trademark counterfeiting and infringement, Party B will provide relevant legal advice and services free of charge. suggestions to assist Party A in safeguarding its rights.
9. Before Party A’s registered trademark expires, Party B may promptly notify Party A to handle the renewal procedures.
10. Any dispute arising from the execution of this Agreement shall be negotiated by both parties first; if the negotiation fails, either party may file a lawsuit in the People's Court.
11. This agreement is signed on the day of the year, month, and will take effect after being signed and sealed by the representatives or authorized persons of both parties. This Agreement is made in two copies, each Party A holds one copy, which is equally valid.
Party A: Party B:
Representative (signature): Representative (signature):
Address: Address:
Telephone : Telephone:
Fax: Fax: