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What legal responsibilities are involved in the trademark transfer agency contract?

Trademark transfer is a legal act of trademark transfer, which involves many complicated and strict procedures. Many applicants will choose to sign a trademark transfer agency contract and leave the related matters to the trademark transfer agency. The trademark transfer needs to go through the formalities in the Trademark Office, and its process includes: application → acceptance → review → announcement → issuance of transfer certificate.

step 1: the seller and the buyer sign the trademark transfer contract/agreement.

step 2: the trademark holder handles the trademark notarization.

Step 3: Submit the prepared materials and notarial certificate to the Trademark Office, and then pay the transfer fee.

Step 4: The Trademark Office will issue the acceptance letter in about 1-2 months and start the examination.

Step 5: The Trademark Office will publish an announcement about 5-8 months after accepting it and issue the Certificate of Approved Transfer of a Registered Trademark to both parties.

if you entrust a trademark transfer agent to handle these procedures, you need to sign a trademark transfer agency contract or agreement. So what will be involved in this written agreement?

first, if the authorization of the trademark transfer agency contract is unclear, the agent shall bear civil liability to the third party, and the agent shall be jointly and severally liable. If the agent knows that the entrusted matters are illegal and still carries out agency activities, the principal and the agent shall be jointly and severally liable.

second, if an agent causes losses by engaging in civil activities with himself or other people he represents in the name of the principal, he shall bear civil liability. If the agent colludes with a third party and damages the interests of the principal, the agent third party shall be jointly and severally liable.

Third, if there is no agency right, beyond the agency right or the agency behavior after the agency right is terminated, the principal will bear legal responsibility only after ratification by the principal. If an act is not ratified, the actor shall bear legal responsibility. If I know that someone else has committed a civil act in my name without denying it, I shall be deemed to agree.

fourthly, if the third party knows that the actor has no power of agency; If the agency authority is exceeded or the agency authority has been terminated, the third party and the actor shall be jointly and severally liable if they commit civil acts with the actor and cause losses to others. In order to safeguard the principal's interests, an agent may delegate the agency he has obtained to others, but he shall obtain the principal's consent in advance.

It is an invalid contract concluded by an invalid agent, including the following situations:

1. A contract concluded by an unauthorized agent and not ratified by the principal;

2. The contract signed by the agent with himself in the name of the principal;

3. The contract signed by the agent in the name of the principal with other people he represents;

4. A contract signed by the agent and the other party in collusion with each other that harms the interests of the principal.

if there is anything you don't understand about the trademark transfer agency contract, please consult the online customer service of No.7. There are professional trademark agents on the 7th website. If you need any service, you can call the hotline.