Legal analysis: Transferor (Party A):
Transferee (Party B):
According to the "Trademark Law of the People's Republic of China" , the relevant provisions of the "Regulations on the Implementation of the Trademark Law of the People's Republic of China" and the "Contract Law of the People's Republic of China", after friendly consultations between Party A and Party B, Party A now voluntarily transfers No. ______ registered in China The trademark is transferred to Party B and the agreement is as follows: Trademark pattern
1. The transfer fee is RMB _________, which shall be subject to the payment receipt. The payment method shall be paid in one lump sum when signing the contract.
2. This agreement will take effect from the date of signature and sealing by both parties. From the date of signing the contract until the transfer of the trademark is approved, Party B has the exclusive right to use the goods approved for use of the trademark.
3. Party B is responsible for handling the specific procedures for trademark transfer application and the transfer fees shall be borne by Party B. Party A shall provide all documents and certificates required for the above-mentioned valid trademark transfer. And ensure that such documents are authentic, legal and valid. During the entire process of transfer of the trademark, the transferor must assist the transferee in providing all information required for the transfer until the trademark is successfully transferred to Party B's name.
IV. Party A guarantees that the transferred registered trademark is legal and free of rights defects. Specifically: (1) The transferred trademark has not been licensed to a third party before the date of transfer; (2) The transferred trademark did not have any trademark dispute with a third party before the transfer; (3) The transferred trademark was not subject to property litigation preservation by a third party before the transfer; (4) In accordance with the Trademark Law of the People's Republic of China and the People's Republic of China, Article 21 of the Implementing Rules stipulates that Party A shall transfer the same or similar registered trademarks that it has registered or applied for on the same or similar goods; (5) Party B shall not transfer the trademarks that it requests to transfer together. Pay extra.
5. If the transferred registered trademark becomes invalid due to Party A’s reasons, Party A shall be responsible for refunding the trademark transfer fee in full.
6. If there is a dispute between Party A and Party B during the performance of the contract, they should negotiate amicably. If negotiation fails, they will file a lawsuit. Party A and Party B should file a lawsuit in the People's Court where Party B is located.
7. Liability for breach of contract. If Party A sells the above trademark to other units or individuals before or after signing this agreement, it shall bear relevant legal liability and compensate Party B for ten times the transfer fee as liquidated damages.
8. This agreement is made in triplicate. Party A and Party B each hold one copy, and one copy is filed with the National Trademark Office.
9. Matters not covered in the contract shall be supplemented and resolved through negotiation between the two parties. The supplementary terms shall have the same legal effect as this contract. Content that both parties think needs to be supplemented:
Party A (seal):
Party B (seal):
Representative (signature):
Representative (Signature):
Year, Month, Day
Legal basis, Article 1 of the "Regulations on the Implementation of the Trademark Law of the People's Republic of China" is based on the "Regulations of the People's Republic of China on the Implementation of the Trademark Law" *** and the Trademark Law of the People's Republic of China (hereinafter referred to as the Trademark Law), these regulations are formulated. Article 25 When transferring a registered trademark, the transferor and the transferee shall submit an application for transfer of a registered trademark to the Trademark Office. The application procedures for transferring a registered trademark shall be handled by the transferee. After the Trademark Office approves the application for transfer of a registered trademark, it will issue a corresponding certificate to the transferee and make an announcement. When a registered trademark is transferred, the trademark registrant shall transfer the same or similar trademarks registered on the same or similar goods together; if the trademark is not transferred together, the Trademark Office shall notify the trademark holder to make corrections within a time limit; if the trademark registrant fails to make corrections within the time limit, If the application for transfer of the registered trademark is deemed to have been abandoned, the Trademark Office shall notify the applicant in writing. For applications for transfer of registered trademarks that may cause misunderstanding, confusion or other adverse effects, the Trademark Office will not approve the application and will notify the applicant in writing and explain the reasons.