Transferor: _________
Transferee: _________
By the consensus of the transferor and transferee, the transfer of trademark rights to reach the following agreement:
I. The name of the transferred trademark: _________.
Two, the trademark drawing: _________ (affixed with the trademark drawing and stamped by the transferor with a riding seal)
Three, the trademark registration number: _________; country: _________.
Four, the trademark should be renewed next time: _________.
V. Classes of goods or services included in the acquisition of registration of the trademark and the specific names of the goods or services: _________.
VI. Assignor's Warranty
1. The assignor warrants that the right is free from any defects, including that it has not been licensed to others or used as collateral.
2. The Assignor warrants that it has not obtained registration or filed an application for registration of any trademark identical with or similar to the right in the International Classification Class _________ and in other classes of goods similar to the goods concerned in Class _________.
3. The Transferor warrants that it will not seek in any way to acquire any interest in the Rights or trademarks similar to the Rights, including the right of ownership, right of use, right of profit, right of disposal, after the effective date of this Contract, and all the above rights will be exercised by the Transferee.
4. The transferor shall sign the application for the transfer of the registered trademark of the exclusive right to use the trademark of the right at the same time when signing this contract, and at the same time hand over the original certificate of registration of the trademark of the trademark to the transferee or the transferee's agent.
5. If the application for transfer of the trademark is rejected by the Trademark Office, the transferor shall return all the fees paid for the transfer of the trademark.
Seven, after the transfer of the trademark right, the transferee's authority
1. The types of goods (or classes and names of services) that can use the trademark _________.
2. The territorial scope in which the trademark can be used: _________.
VIII. The nature of the transfer of trademark rights: _________ (you can choose among the following items)
1. Permanent transfer of trademark rights.
2. Non-permanent transfer of trademark rights.
Nine, the time of transfer of trademark rights
From the date of entry into force of this contract, or to complete the transfer of the trademark change registration procedures, the trademark rights formally transferred to the transferee. However, if the transfer of the registered trademark application is not approved by the Trademark Office, the contract naturally invalid; the responsibility of both parties.
If it is a transfer of non-permanent trademark right, the term of the transfer of trademark right shall be _________ years, from _________ month _________ to _________ month _________. The assignor will take back the trademark right on the date of expiration of this contract.
X. Procedures for Changing the Trademark after the Effective Date of the Contract of Assignment of Trademark Right
The Party of _________ shall handle the procedures for changing the registrant after the effective date of the Contract of Assignment of Trademark Right, and the expenses required for changing the registrant shall be borne by the Party of _________.
Eleven, the quality of goods to ensure
The transferor of trademark right requires the transferee to ensure that the quality of the products indicated by the trademark is not lower than the original level of the transferor, the transferor shall provide the transferee with samples of the goods, provide technical guidance or know-how in manufacturing such goods (technology transfer contract can be signed separately); it may also provide the instruction manuals of the goods, the packaging of the goods, the law of maintenance of the goods, and if necessary, it shall also provide the information of regular purchasers of such goods, which shall be provided by party. If necessary, it should also provide the list of customers who often buy the goods. In the case of non-permanent transfer, the transferor can supervise the production of the transferee and has the right to check the production and product quality of the transferee.
XII. The transferor shall guarantee that the trademark transferred is a valid trademark and that no third party has ownership of the trademark.
Thirteen, the transfer fee and payment mode of trademark right transfer
1. The transfer fee is calculated according to the authority of the transfer ****_________ yuan.
2. Payment: _________.
3.Payment: _________.
Fourteenth, the assignor guarantees that during the validity period of the contract, it will not deal in goods bearing the same or similar trademarks in the territory where the registration of the trademark is valid, nor shall it engage in any other activities that compete with the production and sale of such goods.
Fifteen, the parties' liability for breach of contract
1. The transferring party, after the entry into force of the contract, violates the provisions of the contract and still continues to use the trademark on the goods it produces, in addition to stopping the use of the trademark, it shall also be liable for damages.
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
Transferring Party:
1. The transferring party is a legally established and legally surviving enterprise, which has the right to sign and has the ability to fulfill this contract.
2. All formalities necessary for the transferor to sign and fulfill this contract have been completed and are legally valid.
3. At the time of signing this Contract, no court, arbitration institution, administrative organ or regulatory body has issued any judgment, ruling, decision or specific administrative act sufficient to materially and adversely affect the performance of this Contract by the Transferor.
4. The internal authorization procedures required by the Transferor for signing this Contract have been completed, and this Contract is signed by the legal representative or authorized representative of the Transferor. This contract shall be legally binding on both parties to the contract upon its entry into force.
Transferee:
1. The transferee is a legally established and legally surviving enterprise, which has the right to sign and is capable of performing this contract.
2. All formalities necessary for the signing and performance of this contract by the transferee have been completed and are legally valid.
3. At the time of signing this Contract, no judgment, ruling, award or specific administrative act sufficient to materially and adversely affect the performance of this Contract by the Transferee has been issued by any court, arbitration institution, administrative organ or regulatory body.
4. All internal authorization procedures required by the Transferee for the signing of this Contract have been completed, and this Contract is signed by the legal representative or authorized representative of the Transferee. This contract shall be legally binding on both parties to the contract upon its entry into force.
Seventeen, confidentiality
The two sides to ensure that the commercial secrets obtained from the other party and can not be obtained from the public channels (technical information, business information and other trade secrets) to be kept confidential. Without the consent of the original provider of the trade secrets, a party shall not disclose all or part of the trade secrets to any third party. However, unless otherwise provided by laws and regulations or agreed by both parties. The term of confidentiality is _________ years.
If a party violates the above confidentiality obligations, it shall be liable for the corresponding breach of contract and compensate for the losses caused.
Eighteen, force majeure
Force majeure as referred to in this contract refers to objective events that cannot be foreseen, overcome or avoided and that have a significant impact on a party, including but not limited to natural disasters such as floods, earthquakes, fires and storms, as well as social events such as wars, turmoils and governmental actions.
If the contract cannot be performed due to the occurrence of force majeure events, the party in case of force majeure shall immediately inform the other party of the accident in writing and shall provide details of the accident and written information on the inability to perform the contract or the need to postpone the performance of the contract within _________ days, which shall be recognized by both parties and then negotiated for termination of the contract or temporary postponement of the contract's performance.
Nineteen, notice
1. All notices required to be given under this contract, as well as the exchange of documents between the two parties and notices and requests related to this contract, etc., must be in writing and can be transmitted by _________ (letter, fax, telegram, face-to-face delivery, etc.). If the above methods cannot be delivered, only by means of public notice.
2. The mailing addresses of the parties are as follows: _________.
3. One party shall notify the other party in writing of any change of notice or mailing address within _________ days from the date of such change; otherwise, the non-notified party shall bear the corresponding responsibility arising therefrom.
Twenty, the handling of disputes
1. This contract is governed by and interpreted in accordance with the laws of _________ country.
2. Disputes arising in the course of the fulfillment of this contract shall be resolved through consultation between the two parties, or through mediation by the relevant departments; if the consultation or mediation fails, the dispute shall be resolved in the following _________ ways:
(1) Submitted to the Arbitration Commission of _________ for arbitration;
(2) Sued to the People's Court in accordance with the law.
XI. Interpretation
This contract shall be understood and interpreted in accordance with the purpose of the contract and the original meaning of the text, and the title of this contract is only