Trademark authorization
Trademark Licensor (Party A):
Trademark Licensee (Party B):
In accordance with the provisions of the Trademark Law and its implementing regulations, both parties signed this trademark license contract through friendly negotiation on the principle of voluntariness, honesty and credibility.
Rights and obligations of both parties:
7. Party B shall pay Party A RMB10,000.00 as the trademark and name use fee.
8. According to the provisions of the Trademark Law of People's Republic of China (PRC): "The licensor shall supervise the quality of the goods in which the licensee uses its registered trademark; The licensee shall guarantee the quality of the goods using the registered trademark. " Party B must ensure that the products that use Party A's registered trademark in its products meet the national requirements for product hygiene, quality, measurement, environmental protection, packaging, industry standards and legal description.
9. Party B shall not change the words, graphics or combination of Party A's registered trademark without authorization, and shall not use Party A's registered trademark beyond the permitted product range.
X. According to the Trademark Law of People's Republic of China (PRC), Party B must indicate the name and place of origin of Party B's enterprise on the goods using Party A's registered trademark. ..
Eleven, two months before the expiration of the trademark license contract, Party A and Party B shall negotiate whether to continue to authorize the use of the trademark. Where the trademark continues to be used at the expiration of the period, a trademark license contract shall be re-signed and the filing fee shall be renewed. If they don't renew the contract, they will terminate it by themselves.
12. After the termination of this contract, Party B shall not use the trademarks and logos authorized by Party A on its products, nor allow Party B to use the words specified in its product packaging, corporate plaque and publicity materials in Item 6 of this contract, otherwise Party A shall have the right to pursue its tort liability according to law.
13. During the validity of the contract, Party A has the right to supervise the quality of Party B's products according to Article 40 of the Trademark Law of People's Republic of China (PRC), and Party B has the responsibility to submit the packaging design draft to Party A for review and filing, so as to avoid any illegal acts.
14. The authorization of Party A to Party B's trademark license is based on the provisions of the Trademark Law of People's Republic of China (PRC) and its implementing regulations, and the packaging is designed for the purpose of improving Party B's popularity and expanding market share. It is authorized and protected by law. At the same time, it should be emphasized that both parties are independent legal persons and bear legal responsibilities independently; The creditor's rights and debts of Party A and Party B and the legal liabilities unrelated to this contract do not involve the other party; The creditor's rights and debts of Party A and Party B, as well as other legal disputes and liabilities unrelated to this contract, cannot constitute joint legal liabilities for all parties.
Entry into force and termination of contract
Conditions for the entry into force of this contract:
15. Both parties shall sign and seal the trademark license contract.
16. Party B paid the trademark use fee to Party A in full according to the amount agreed in the contract.
17. Party A shall submit the trademark license contract to the Trademark Office of the State Administration for Industry and Commerce for acceptance and filing.
18. To use the registered trademark products authorized by Party A, Party B must meet the following conditions:
Nineteen. This contract shall come into effect as of the date of signature by both parties. After the execution date is overdue 10 days, if Party B's usage fee fails to reach the account designated by Party A, Party A will consider Party B as a breach of contract. If Party B fails to take remedial measures within 3 days after receiving Party A's notice, Party A has the right to terminate Party B's contract and claim compensation from Party B, and the consequences arising therefrom shall be borne by Party B. ..
Conditions for termination of this contract:
Twenty, the trademark license contract expires without renewing the contract.
2 1. After Party B violated the Trademark Law of People's Republic of China (PRC) and its implementing regulations and used the registered trademark of Party A, its products were shoddy and shoddy, deceiving consumers and causing serious damage to Party A's reputation.
22. Within 65,438+00 working days after the signing of this contract, Party B fails to pay the trademark license fee in full to the account designated by Party A (bank holidays will be postponed).
Transaction procedure
23. Party A shall first submit the contract to Party B for review, and Party B shall pay RMB 10000 yuan after no objection. Payment methods can be divided into two types:
One is a one-time payment. Party A promises to submit the contract to the Trademark Office of the State Administration for Industry and Commerce for filing within 48 hours, and go with Party B. If the Trademark Office of the State Administration for Industry and Commerce does not accept this filing, Party A will refund all trademark license fees to Party B. Party B shall pay the full amount until it is accepted by the State Trademark Office.
Method 2: Party B shall pay 60% of the total amount in advance, and the balance shall be settled after Party A submits it to the Trademark Office of the State Administration for Industry and Commerce for acceptance. If Party B fails to complete all settlement matters within 65,438+00 working days after Party A completes all formalities, Party A has the right to terminate the contract with Party B and suspend Party B from using its registered trademark as compensation for Party A.. ..
The two parties signed a trademark license contract and filed it with Hangzhou Maixia Trademark Office Co., Ltd., a trademark agency designated by the State Administration for Industry and Commerce, which submitted it to the Trademark Office of the State Administration for Industry and Commerce for the record.
24. After the agency submits the trademark license contract signed by both parties to the Trademark Office of the State Administration for Industry and Commerce, all obligations undertaken by Party A are completed.
25. After accepting the trademark license contract, the Trademark Office of the State Administration for Industry and Commerce shall, in accordance with its administrative procedures, issue a Notice of Trademark License Registration to Party A and make an announcement in the State Trademark Announcement.
26. A trademark licensing contract concluded in accordance with the Trademark Law of People's Republic of China (PRC) and its implementing regulations is legally binding on both parties because it meets the conditions for the contract to take effect.
responsibility for breach of contract
28. Party B shall not legally use the registered trademark beyond the conditions of trademark category, commodity category, trademark use area, use form and use period stipulated in the Trademark License Contract.
Twenty-nine, Party B is limited to use the trademark authorized by the company on the products produced by this enterprise. Party B shall not sublicense the trademark authorized by Party A to a third party in any form or for any reason, nor shall it produce, sell or make profits as an investment with a newly established legal entity of a third party.
30. Before using the registered trademark of Party A, Party B must pay all the trademark use fees in full, and shall not refuse to pay or delay for any reason. During the validity of the license contract, Party A shall not unilaterally terminate Party B's right to use the trademark (except the terms that meet the conditions for termination of the contract).
Thirty-one, if both parties violate the "liability for breach of contract" clause, the default amount of the defaulting party is RMB 200,000.
Legal reference
32. The conclusion, interpretation, effectiveness and dispute settlement of this contract shall be governed and protected by the Trademark Law of People's Republic of China (PRC) and its implementing regulations and other relevant laws and regulations. & ampl