1. Subject of the contract. The transferor of the contract is a company, institution, social organization, self-employed person, individual partnership, and foreigner or foreign enterprise that legally enjoys the exclusive right to use the trademark. The purchaser is limited to a company, institution, social organization, self-employed person, individual partnership, and foreigner or foreign enterprise. foreign enterprises.
2. Trademark-related information, including trademark name, pattern, country, registration time, registration number, product or service category, product or service name approved for use of the registered trademark.
3. Apply for a trademark license. Before the transfer of trademark rights, the transferor often uses the trademark use rights licensed by third parties. In order to protect the interests of the transferee, the transferee should clearly understand the rights to transfer the trademark before signing the contract, clearly agree on the permission to transfer the trademark, and whether the transferee still needs to bear the relevant rights and obligations of the licensed use after signing the contract. .
4. The rights of the buyer after the trademark right is transferred. The types of products (or types and names of services) in which the trademark can be used and the regional categories in which the trademark can be used should be clearly defined.
5. Characteristics of trademark rights transfer. It should be clearly stipulated whether the transfer of trademark rights is characterized by permanent trademark rights transfer or non-permanent trademark rights transfer. Depending on the characteristics of the transfer, the transferee enjoys different power periods.
6. Time for transfer of trademark rights. According to the different characteristics of trademark rights transfer, the transfer time is also different. For the transfer of permanent trademark rights, it is generally stipulated in the trademark rights transfer contract that the trademark rights transfer change registration process will be completed before the trademark rights transfer is officially transferred to the transferee. However, for the transfer of non-permanent trademark rights, a commitment must be made to the transfer period, and the transferor must be promised to retrieve the trademark rights from the date of expiration of the transfer period.
7. Transfer fee and payment method for trademark rights transfer. This clause should clearly stipulate the transfer fee, payment method and payment time. If it is external business, the currency interest rate and calculation method should also be considered.
8. Handle trademark transfer procedures. It should be clearly agreed that applications for transfer of registered trademarks should be submitted to the Trademark Office at the same time, and the application procedures for transfer of registered trademarks should be handled by the transferee. In addition, there should be a commitment as to where the costs of changing registrants should be borne.
9. Product quality assurance. The transferor of trademark rights stipulates that the buyer should ensure that the quality of the products marked with the trademark is not lower than the original level of the transferor, and the transferor should provide product samples to the buyer and provide technical guidance or technical skills for manufacturing such products (can sign Technology transfer contract); product instructions, product packaging, and product maintenance methods can also be provided. If necessary, a list of customers who frequently purchase the product needs to be provided. If the transfer is not permanent, the transferor can supervise the buyer's production and has the right to inspect the buyer's production conditions and product quality.
10. Confidentiality obligations of both parties. Both parties should clearly agree that each party should bear the traditional confidentiality obligations of the other party's production and operation. The transferee shall not disclose the technical secrets and business secrets provided by the transferor for trademark transfer during or after the contract period.
11. Liability for breach of contract is an effective way to ensure the execution and maintenance of liabilities and the effective legal rights of parties. If the parties to a contract fail to perform their contractual obligations or fail to meet their commitments, they shall bear corresponding liability for breach of contract. The methods of liability for breach of contract include continuing to perform the contract, taking remedial measures, compensating for losses, paying liquidated damages, etc.
12. Dispute resolution clauses generally promise to negotiate amicably and then resolve through legal channels.
13. Legal application clauses. Based on each other’s situations in different countries, multiple parties try their best to promise to apply their own laws based on their own positions.