the trademark law of the people's republic of china
Article 42 Where a registered trademark is assigned, the assignor and the assignee shall sign an assignment agreement and file an application with the Trademark Office. The transferee shall guarantee the quality of the goods using the registered trademark.
Where a registered trademark is transferred, the trademark registrant shall transfer the similar trademark registered on the same commodity or the same or similar trademark registered on similar commodities together.
The Trademark Office shall not approve the assignment that is likely to cause confusion or have other adverse effects, and shall notify the applicant in writing and explain the reasons.
After the transfer of a registered trademark is approved, it shall be announced. The transferee shall enjoy the exclusive right to use the trademark from the date of announcement.
Article 43 A trademark registrant may authorize others to use his registered trademark by signing a trademark license contract. 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.
Where a registered trademark of another person is used with permission, the name of the licensee and the place of origin of the goods must be marked on the goods using the registered trademark.
Where another person is licensed to use its registered trademark, the licensor shall report the licensing of the trademark to the Trademark Office for the record, and the Trademark Office shall make an announcement. Without filing, the trademark license shall not be used against bona fide third parties.
How to review the validity of trademark transfer contract?
The effectiveness of the trademark transfer contract for daily chemical products is mainly to examine whether the contract is invalid or revocable, whether the transferred trademark is a trademark frozen by the people's court, and whether it is a trademark registered as a pledge.
Examine whether there are any circumstances stipulated in Article 52 of the Contract Law in the contract. Article 52 of the Contract Law stipulates that a contract is invalid under any of the following circumstances:
(1) One party enters into a contract by means of fraud or coercion, which harms the national interests;
(2) Malicious collusion that harms the interests of the state, the collective or a third party;
(3) Covering up illegal purposes in a legal form;
(4) damaging the public interest;
(5) Violating the mandatory provisions of laws and administrative regulations.