Transferor: _________
Transferee: _________
After consensus reached between the transferor and the transferee, the following agreement has been reached on the transfer of trademark rights:
1. Transferred trademark name: _________.
2. Trademark pattern: _________ (affix the trademark pattern, and the transferor will stamp it with a seam seal)
3 , Trademark registration number: ________; Country: _________.
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: _____________.
6. Transferor’s guarantee
1. The transferor guarantees that the right is free from any defects, including that it has not been licensed to others for use. or as collateral.
2. The transferor guarantees that the transferor does not have any rights that are identical or similar to the rights in the International Classification Class __________ and other categories of goods that are similar to the goods in Class ____________ The trademark is registered or an application is made for registration.
3. The transferor guarantees that after this contract comes into effect, it will not seek any rights and interests in any way over this right or similar trademarks, including ownership, use rights, income rights, and disposal rights. And all the above rights will be exercised by the transferee.
4. When signing this contract, the transferor shall also sign the registered trademark transfer application for the exclusive right to use the trademark, and at the same time hand over the original copy of the trademark registration certificate to the transferee or the transferee's agent. people.
5. If the trademark transfer application is rejected by the Trademark Office, the transferor shall refund all trademark transfer fees paid.
7. After the trademark right is transferred, the transferee’s permissions
1. The types of goods (or categories and names of services) that can use the trademark _________.
< p>2. The geographical scope in which the trademark can be used: _____________.8. The nature of the transfer of trademark rights: _________ (you can choose from the following items)
1. Permanence transfer of trademark rights.
2. Non-permanent transfer of trademark rights.
9. Time for transfer of trademark rights
The trademark right will be officially transferred to the transferee from the effective date of this contract, or after the trademark transfer and change registration procedures are completed. 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.
If the transfer of trademark rights is non-permanent, the transfer period of the trademark rights is _________years, from _________month__________ year to _________month_________ year ________day. The transferor will take back the trademark rights on the expiration date of this contract.
10. Change procedures after the trademark transfer contract takes effect
The _________ party shall handle the procedures for changing the registrant after the trademark transfer contract takes effect, and the fees required for changing the registrant The responsibility shall be borne by the _________ party.
11. Guarantee of product quality
The transferor of trademark rights requires the transferee to ensure that the quality of the products marked by the trademark is not lower than the original level of the transferor. The transferor shall The transferee provides samples of the goods and provides technical guidance or know-how for manufacturing such goods (a separate technology transfer contract can be signed); it can also provide product instructions, product packaging, product maintenance methods, and, if necessary, regular purchase of the product. The customer list of the product. If the transfer is non-permanent, the transferor can supervise the transferee's production and has the right to inspect the transferee's production conditions and product quality.
12. The transferor shall ensure that the transferred trademark is a valid trademark and that no third party has ownership of the trademark.
13. Transfer fee and payment method for trademark right transfer
1. The transfer fee is calculated based on the authority of the transfer and is ***___________ yuan.
2. Payment method: _____________.
3. Payment time: _____________.
14. The transferor guarantees that within the validity period of the contract, the transferor will not use the trademark. Products with the same or similar trademarks are sold within the area where the registration is valid, and other activities that compete with the production and sale of the products are not allowed.
15. Liability for breach of contract by both parties
1. After the contract takes effect, the transferor violates the provisions of the contract and continues to use the trademark on the goods it produces, except that it should stop using it. In addition to this trademark, you should also bear liability for compensation.
2. If the transferee fails to pay the trademark transfer fee within the time specified in the contract, the transferor has the right to refuse to hand over the ownership of the trademark and may notify the transferee to terminate the contract.
16. Statement and Warranty
Transferor:
1. The transferor is an enterprise established in accordance with the law and existing legally, with the right to sign and the ability to perform this contract.
2. All procedures required for the transferor to sign and perform this contract have been completed and are legal and valid.
3. When signing this contract, no court, arbitration institution, administrative agency or regulatory agency has made any judgment, ruling, award or specific administrative decision that would have a significant adverse impact on the transferor's performance of this contract. Behavior.
4. The transferor has completed all internal authorization procedures required to sign this contract. The signer of this contract is the legal representative or authorized representative of the transferor. This contract will be legally binding on both parties after it takes effect.
Transferee:
1. The transferee is an enterprise established in accordance with the law and existing legally, and has the right to sign and the ability to perform this contract.
2. All procedures required for the transferee to sign and perform this contract have been completed and are legal and valid.
3. When signing this contract, no court, arbitration institution, administrative agency or regulatory agency has made any judgment, ruling, award or specific decision that would have a significant adverse impact on the transferee's performance of this contract. administrative action.
4. The transferee has completed all internal authorization procedures required to sign this contract. The signer of this contract is the legal representative or authorized representative of the transferee. This contract will be legally binding on both parties after it takes effect.
17. Confidentiality
Both parties promise to keep confidential the business secrets (technical information, operating information and other business secrets) obtained from the other party and cannot be obtained from public channels. A party shall not disclose all or part of a trade secret to any third party without the consent of the original provider of the trade secret. Except where otherwise provided by laws and regulations or otherwise agreed upon by both parties. The confidentiality period is _________ years.
If a party violates the above confidentiality obligations, it shall bear the corresponding liability for breach of contract and compensate for the losses caused thereby.
18. Force Majeure
Force majeure as mentioned in this contract refers to objective events that cannot be foreseen, cannot be overcome, cannot be avoided and have a significant impact on one party, including but not limited to natural disasters. Such as floods, earthquakes, fires and storms, as well as social events such as wars, unrest, government actions, etc.
If the contract cannot be performed due to the occurrence of a force majeure event, the party encountering the force majeure shall immediately notify the other party in writing of the accident and shall provide details of the accident and the inability or need to perform the contract within _________ days Written information on postponement of performance. After both parties agree, negotiate to terminate the contract or temporarily postpone the performance of the contract.
19. Notices
1. All notices that need to be issued according to this contract, as well as document exchanges between the parties, and notices and requirements related to this contract, must be in writing, and can be Delivery by ________ (letter, fax, telegram, delivery in person, etc.). If the above methods cannot be delivered, the method of delivery can be adopted.
2. The correspondence addresses of each party are as follows: _________.
3. If one party changes the notice or correspondence address, it shall notify the other party in writing within _________ days from the date of change; Otherwise, the party that has not notified shall bear the corresponding liability arising therefrom.
20. Handling of Disputes
1. This contract shall be governed by and interpreted in accordance with the laws of _________ country.
2. Any disputes arising during the performance of this contract shall be resolved through negotiation between the parties, or may be mediated by the relevant departments; if negotiation or mediation fails, the dispute shall be resolved in accordance with the following _________ method:
(1) Submit to _________ Arbitration Commission for arbitration;
(2) File a lawsuit in the People’s Court in accordance with the law.
21. Interpretation
The understanding and interpretation of this contract shall be based on the purpose of the contract and the original meaning of the text. The title of this contract is only