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What are the things to note in a trademark transfer contract?

When transferring a trademark, a trademark transfer contract is essential. It is a very important material. Many people don’t know how to write a trademark transfer contract, or what matters need to be paid attention to to avoid contract disputes about trademark transfer. The following trademarks will tell you about the relevant knowledge of trademark transfer contracts!

1. Things to note in trademark transfer contracts

1. After the contract takes effect, the transferor of the trademark transfer contract shall not be in contact with the transferee within the territory where the trademark registration is valid. If the transferred trademark is used on the goods or services for which the trademark has been approved, or on similar goods and services, it will infringe the transferee's trademark rights. If the transferor wants to continue to use it, it must sign a trademark license contract with the transferee and obtain the transferee's authorization.

2. The date when the transfer of a registered trademark is published in the trademark announcement is the starting date for the transferee to enjoy the exclusive right to use the trademark. The registered trademark after the transfer is valid from that date to the expiration date of the registered trademark. .

2. Methods to avoid disputes in trademark transfer contracts

1. Trademark transfer should be subject to the condition that the public will not misunderstand, be confused or have other adverse effects. The transfer of trademark rights means that the trademark is separated from the enterprise. In some cases, it may cause misunderstanding by the public, because in the public's impression, the trademark is associated with a specific enterprise that provides certain goods or services, which may cause confusion. If an application for transfer of a registered trademark is misunderstood, confused or has other adverse effects, the Trademark Office will not approve and reject the application.

2. When a trademark owner transfers its registered trademark, it shall transfer it to the same transferee together with other identical or similar trademarks registered on the same or similar goods or services. This is to prevent confusion and consumer misunderstanding when different producers or service providers use the same trademark on the same type of goods or services.

3. The contract should have legal and necessary provisions. A trademark transfer contract should generally include the following main contents: the names, addresses, signing date and place of both parties, etc.; the trademark name, design, country, registration number, the category and name of the goods or services for which the registered trademark is approved; existing License status of registered trademarks; prices and payment methods; the transferee’s agreement to guarantee the quality of the goods; conditions and procedures for contract suspension and termination; liability for breach of contract; application of law and resolution of disputes.

The above is the relevant content about the trademark transfer contract. If you have any questions, you are welcome to log in to Bajie for consultation. Professional customer service will give you a satisfactory answer. Things to note about trademark transfer Trademark transfer contract