If your products want to enter the market, a trademark is indispensable. Compared with trademark registration, obtaining a trademark through trademark transfer takes a shorter time and has a higher success rate, so it has become the first choice for many companies. Generally, in In the process of trademark transfer, it is necessary to sign a trademark transfer contract and then submit a transfer application to the Trademark Office. If a dispute occurs in the trademark transfer contract, what should the company do? Today, the editor of Bajie Intellectual Property Network wrote this article for your analysis:

Trademark contract disputes must be submitted to an arbitration institution for resolution. The parties to the contract must have an arbitration clause in the trademark contract or reach a written agreement afterwards. Arbitration Agreement. The arbitration award has legal effect.

When conducting trademark transactions, the mediation of trademark contract disputes can be divided into three types: private mediation, arbitration mediation and litigation mediation. Before the parties submit the contract dispute to arbitration or initiate litigation, the contract dispute is arbitrated by an arbitration institution. Disputes arising from the process or contract shall be heard by the People's Court. In the narrow sense, mediation of trademark contract disputes only refers to private mediation. Agreements reached through private mediation are not legally enforceable, but agreements reached through arbitration mediation or litigation mediation agreements are enforceable after legal documents are produced in accordance with the law and come into effect, and the parties must fulfill the contents of the agreement.

There is no legal procedure for the mediation of trademark contract disputes, but arbitration or litigation of trademark contract disputes must be conducted in strict accordance with the procedures stipulated in the Arbitration Law and the Civil Procedure Law, otherwise it will be illegal in terms of procedure. The award of a trademark contract dispute after arbitration by an arbitration institution is final and legally binding. If a party does not consciously perform the award, the other party may apply to the relevant people's court for compulsory enforcement.

After the trademark contract dispute is heard by the people's court in accordance with the law and a civil judgment is issued, the parties concerned may appeal to the higher court within the statutory period, and the second instance is final. An effective civil judgment has the power of enforcement, and the parties must perform it voluntarily. If they fail to perform, the court may take measures at the request of one party or in accordance with its authority to force the party to perform the contents of the judgment.

What should a company do once a dispute arises after signing a trademark transfer contract? The editor of Bajie Intellectual Property Network has compiled the entire content of this article for you. If you want to know more about trademark transfer, you can go to our website for consultation.