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[Boutique] Trademark Transfer Agreement


Article 1: Trademark Transfer Agreement

Transferor:_________

Transferee: _________

In view of the fact that the assignor owns the trademark mark _________ registered on the goods such as the International Classification of Goods/Services _________ _________ and the copyright of the design of the trademark, in view of the transferee’s desire to transfer the rights The transferor and the assignee sign the trademark transfer agreement as follows:

1. The assignor agrees to transfer the entire right to the assignee.

2. The transfer fee and copyright amount are _________, of which the trademark transfer fee is _________.

3. The assignor guarantees that there is no defect to the right, including the fact that it has not been licensed or used as a collateral.

4. The assignor guarantees that in the international classification category _________ and in other categories of goods similar to the _________ category of goods, the assignor does not have any trademarks that are identical or similar to the rights registered or filed for registration. .

5. The assignor undertakes that after the entry into force of this contract, any interest in the right or similar trademark, including ownership, use rights, income rights, and disposal rights, will not be sought in any way, and all the above rights will be subject to Let people exercise.

6. When signing this contract, the transferor also signs the application for the registration of the trademark for the right to use the trademark, and at the same time, the original of the trademark registration certificate is handed over to the assignee or the assignee of the assignee.

7. The transferee signs the trademark transfer application when signing this contract, and handles the trademark transfer according to the legal procedure.

8. Payment method: When the transferor signs this contract and the application for trademark transfer, the transferee will pay the transfer fee to the transferor.

9. After the signing of this contract, the copyright in the right is wholly owned by the assignee, and the exclusive right to use the trademark in the right is entirely owned by the assignee; after the trademark office approves the transfer of the trademark, the assignor loses All rights related to the trademark, and guarantee to stop using the trademark, and may not directly or indirectly apply for cancellation of the trademark.

10. After the National Trademark Office approves the transfer of the mark, the transferee has all the rights associated with the mark.

11. If the trademark transfer application is rejected by the Trademark Office, the transferor shall return all the trademark transfer fees paid.

12. The transferor and the transferee undertake to comply with all the terms of this contract, even if the Trademark Office does not approve the transfer of the trademark, it will not affect the performance of this contract.

13. In the event of serious natural disasters or social unrest affecting the timely performance of this contract, both parties shall perform the contract within thirty days of the elimination of the above factors.

14. If the transferor and the transferee undertake to abide by all the terms of this contract, and the transferor fails to comply with the provisions of this contract, the transferor shall pay the liquidated damages to the transferee. If the transferee fails to comply with the provisions of this contract, the transferee shall pay the assignor a liquidated damages, and the liquidated damages shall be 20% of the total transfer fee. This contract shall still be performed after payment of liquidated damages.

15. The transferee pays the _________ deposit in advance, and the balance _________ must be paid by _________ month _________.

16. This Agreement shall be in the form of _________ copies of the transferor, the transferee, the agent and the National Trademark Office.

Transferor: _________ Transferee: _________

_________Year ____________________________________________

Signing location: _________ Signing location: _________

PART 2: Trademark Transfer Agreement

Transferor:_________

Transferee: _________

Upon the agreement between the transferor and the transferee, the following agreement was reached on the transfer of trademark rights:

First, the name of the transferred trademark: _________.

Second, the trademark design: _________.

Third, the trademark registration number: _________; country: ______.

Fourth, the time when the trademark should be renewed next time: _________.

5. The type of goods or services included in the registration of the trademark and the specific name of the goods or services: _________.

6. The guarantee of the transferor

1. The transferor guarantees that there is no flaw in the right, including the fact that it has not been licensed or used as a collateral.

2. The transferor guarantees that in the international classification category _________ and in other categories of goods similar to the _________ category, the transferor does not have any trademarks that are identical or similar to the rights, or are registered for registration. .

3. The transferor guarantees that after the entry into force of this contract, it will not in any way seek any interest in the right or similar trademark, including ownership, use rights, income rights, disposal rights, and all the above rights will be subject to Let the party exercise.

4. When signing this contract, the transferor also signs the application for the registration of the trademark for the right to use the trademark, and at the same time, the original of the trademark registration certificate is handed over to the transferee or the agent of the transferee.

5. If the trademark transfer application is rejected by the Trademark Office, the transferor shall return all the trademark transfer fees paid.

7. After the transfer of the trademark right, the transferee’s permission

1. The type of goods that can use the trademark: _________.

2. The geographical scope of the trademark can be used: _________.

8. The nature of the transfer of trademark rights: _________.

1. Permanent transfer of trademark rights.

2. Non-permanent transfer of trademark rights.

9. Time for the transfer of trademark rights

The trademark right shall be officially transferred to the transferee from the date of entry into force of the contract or after the registration of the change of the trademark transfer is completed. However, if the application for the transfer of a registered trademark is not approved by the Trademark Office, this contract will naturally become invalid; the responsibility shall be borne by both parties.

For the transfer of non-permanent trademark rights, the term of the transfer of trademark rights is _________ years, from _________ years _________ months _________ days to _________ years _________ months _________ days. The transferor will withdraw the trademark right from the date of expiration of this contract.

X. Procedures for change after the trademark transfer contract takes effect

After the _________ party has entered into the contract for the transfer of the trademark right, the procedures for changing the registrant shall be handled, and the fee for changing the registrant shall be borne by _________.

XI, the guarantee of product quality

The transferor of the trademark right requires the transferee to ensure that the quality of the product indicated by the mark is not lower than the original level of the transferor, and the transferor shall provide the transferee with samples of the goods and provide technical guidance or know-how for the manufacture of such goods; A product specification, a product package, a product maintenance method, and a list of customers who frequently purchase the product should be provided when necessary. In the case of non-permanent transfer, the transferor may supervise the production of the transferee and have the right to inspect the transferee's production and product quality.

12. The transferor shall ensure that the transferred trademark is a valid trademark and that no third party owns the trademark.

XIII. Transfer fees and payment methods for the transfer of trademark rights

1. The transfer fee is calculated as _________ yuan based on the transferred license.

2. Payment method: _________.

3. Payment time: _________.

14. The transferor guarantees that during the period of validity of the contract, the goods bearing the same or similar trademarks are not operated in the valid territory of the trademark, nor may they engage in other activities that compete with the production and sales of the goods.

15. Liability for breach of contract by both parties

1. After the contract is in force, the transferor shall continue to use the trademark on the goods produced in violation of the contract, and shall not be liable for compensation except to stop using the trademark.

2. If the transferee fails to deliver the trademark transfer fee within the time agreed in the contract, the transferor has the right to refuse to deliver the ownership of the trademark and may notify the transferee to terminate the contract.

XVI. Declaration and Warranty

Transferor:

1. The transferor is a legally established and legally existing enterprise that has the right to sign and be able 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. At the time of signing this contract, no court, arbitral institution, administrative organ or regulatory body has made any judgment, ruling, ruling or specific administrative action that would have a material adverse effect on the performance of this contract by the transferor.

4. The internal authorization procedures required by the transferor to sign this contract have been completed and the signatory of this contract is the legal representative or authorized representative of the transferor. After the contract comes into effect, it will be legally binding on both parties to the contract.

Transferee:

1. The transferee is a legally established and legally existing enterprise with the right to sign and be able to perform this contract.

2. All procedures required for the transferee to sign and perform this contract are completed and legal.

3. At the time of signing this contract, no court, arbitral institution, administrative organ or regulatory body has made any judgment, ruling, ruling or specific administrative action that would have a material adverse effect on the performance of this contract by the transferee.

4. The transferee has completed the internal authorization procedures required to sign this contract. The signatory of this contract is the legal representative or authorized representative of the transferee. After the contract comes into effect, it will be legally binding on both parties to the contract.

Seventeen, confidentiality

Both parties undertake to keep confidential the trade secrets obtained from the other party and not available from public sources. A party may not disclose all or part of the trade secret to any third party without the consent of the original provider of the trade secret. Except as otherwise provided by laws and regulations or otherwise agreed by both parties. The period of confidentiality is _________ years.

If a party violates the above-mentioned confidentiality obligations, it shall bear the corresponding liability for breach of contract and compensate for the losses caused thereby.

18. Force majeure

The term "force majeure" as used in this contract refers to objective events that cannot be foreseen, cannot be overcome, and 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, and social events such as war, turmoil, government. Behavior, etc.

In the event that the contract cannot be performed due to the occurrence of a force majeure event, the party facing the force majeure shall immediately inform the other party in writing of the accident, and shall provide the details of the accident and the written information that the contract cannot be performed or needs to be extended within _________ days. After the two parties have approved, they will terminate the contract or temporarily delay the performance of the contract.

Nineteen, notice

1. All notices required to be issued under this contract, as well as the file exchanges between the parties and the notices and requirements related to this contract, must be in writing and can be passed by _________. If the above methods cannot be delivered, the method of delivery of the announcement may be adopted.

2. The mailing address of each party is as follows: _________.

3. A party's change notice or mailing address shall be notified to the other party in writing within ______ days from the date of change; otherwise, the unreported party shall bear the corresponding liability arising therefrom.

Twenty, the handling of disputes

1. This contract is governed by and construed in accordance with the laws of _________.

2. The disputes arising during the performance of this contract shall be settled by the parties concerned through negotiation, or may be settled by the relevant departments; if the negotiation or mediation fails, the following _________ methods shall be adopted:

Submit to the _________ Arbitration Commission for arbitration;

Prosecuted to the people's court according to law.

Twenty-one, explain

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 for the convenience of reading and shall not affect the interpretation of this contract.

Twenty-two, supplementary and subsidiary files

If the matters not covered in this contract are implemented in accordance with relevant laws and regulations, and the laws and regulations do not stipulate, Party A and Party B may reach a written supplementary agreement. The subsidiary files and supplementary agreements of this contract are an integral part of this contract and have the same legal effect as this contract.

Twenty-three, contract effectiveness

This contract shall take effect from the date on which the legal representatives of the parties or both parties or their authorized representatives sign and affix their official seals. Valid for _________ years, from _________ years ______ months _________ days to _________ years _________ months _________ days. The original form of this contract is _________, each party holds _________ copies, and has the same legal effect; a copy of the contract _________ copies, and _________ is kept.

Transferor: _________ Transferee: _________

Legal representative: _________ Legal representative: ______

_________Year ____________________________________________

Signing location: _________ Signing location: _________

PART 3: Trademark Transfer Agreement

Transferor: Party A's address:

Transferee: Party B's address:

Both Party A and Party B have reached the following terms on the application for the trademark application number/registration number of the “No.” trademark of the “No.” brand, and the friendly negotiation between the two parties:

1. Party A agrees to transfer its trademark application number/registration number to the first trademark application right/private right to Party B;

2. Party B shall pay Party A the trademark transfer fee in one lump sum: ¥ Yuan;

3. Party B shall be responsible for the fairness fees, trademark transfer fees and related taxes arising from this Agreement;

4. At the time of signing this Agreement, both parties shall jointly handle the transfer of the right to apply for the trademark/exclusive right to the State Trademark Office, and Party A shall submit the original “Notice of Acceptance of Trademark Application”/“Trademark Registration Certificate” of the No. Handed over to Party B;

5. After the signing of this Agreement, regardless of whether the State Trademark Office accepts the trademark transfer procedure, the trademark application right/exclusive right belongs to Party B. Party A shall not invalidate or transfer or license the trademark application right/exclusive right agreed to in this Agreement for use by any third party other than this Agreement for any reason or by any act;

6. If either Party A or Party B violates the agreement of this Agreement, the defaulting party must compensate the observant party for all direct and indirect losses and for additional damages not less than RMB;

7. For the purposes of this Agreement, both Party A and Party B shall execute the signatures and the signatures/seals of both parties shall become effective;

The above content is recognized

The assignor agrees: The assignee agrees:

Party A Address / ID Card: Party B Address / ID Card:

Contact number: Contact number:

Date of signing: Date of signing date: Year, month and day

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