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What should be included in the trademark transfer contract?
What should be included in the trademark transfer contract? In our cognition of buying and selling trademarks, whether we buy trademarks through the trademark transfer network or through private transactions, we need to sign a transfer contract to ensure that personal interests can be legalized. What should be included in the trademark transfer contract? What should be included in the trademark transfer contract? 1, the parties to the contract The parties to the contract shall be enterprises that enjoy the exclusive right to use trademarks according to law. 2. The basic information of a trademark includes the trademark name, country, design, registration number, registration time, the category of goods or services approved for use by a registered trademark and the name of the goods or services. 3. Licensing of Trademark Right Before the trademark right is transferred, it often happens that the transferor has licensed the right to use the trademark to a third party. In order to protect the relevant rights and interests of the transferee, the transferee should clearly understand the specific situation of the transferred trademark before signing the trademark transfer contract, and clearly stipulate the relevant use of the transferred trademark in the contract, and whether the transferee still needs to bear the relevant rights and obligations of licensing after signing the contract. 4. After the trademark right is transferred, the transferee's authority shall clearly stipulate the types of goods (or service types and names) that can use the trademark and the geographical scope that can use the trademark. 5. The nature of trademark transfer should be clearly stipulated in the trademark transfer contract, whether the nature of trademark transfer is permanent or non-permanent trademark transfer. 6. The trademark transfer contract should clearly stipulate the time of trademark transfer. 7. Transfer fee and payment method of trademark right transfer. The transfer fee, payment method and payment time shall be clearly stipulated in this clause. 8. The trademark transfer procedure shall be clearly stipulated in the trademark transfer contract. Both parties shall submit an application for the transfer of a registered trademark to the Trademark Office, and the application for the transfer of a registered trademark shall be handled by the assignee. 9. Guarantee of Commodity Quality The transferor of the trademark right requires the transferee to guarantee that the quality of the products or services marked by the trademark is not lower than the original level of the transferor, and that the products or services are in line with the transferee's business scope. The transferor shall provide the transferee with relevant samples and provide technical guidance or know-how for manufacturing the goods. 10. The confidentiality obligations of both parties shall clearly stipulate that both parties shall undertake the obligation to keep the secrets of the other party's production and operation. 1 1. Liability for breach of contract If the parties to the contract fail to perform the contract or violate the provisions of the contract, they shall bear corresponding liabilities for breach of contract. There are many forms of liability for breach of contract, including continuing to perform the contract, taking remedial measures, compensating losses, paying liquidated damages, etc. 12. The dispute settlement clause generally stipulates that both parties shall negotiate amicably. If negotiation fails, the dispute shall be settled through legal channels. 13. Provisions on the Application of Law When both parties are in different countries, each party tries to agree to apply its own laws for its own position. What should be included in the trademark transfer contract? We are here to answer this question for you. If you want to apply for trademark transfer, please contact our online customer service or call Bajie Intellectual Property National Free Service Hotline. We have many years of professional intellectual property agency experience, professional business team and the concept of serving customers wholeheartedly, which can help you apply smoothly.