Legal Issues That Should Be Noticed When Signing The Contract For The Transfer Of Trademark Rights And Trademark Licensing

　 The experts reminded the owners of the trade mark to pay attention to the following legal problems when signing the contract for the transfer of trademark rights and trademark licensing.

(1) trademark There are definite restrictions on the transferee of the right transfer contract and the subject of the Licensee's contract for the use of the trademark. The licensee of the transferor and the trademark licensing shall be limited to enterprises, public institutions, individual industrial and commercial households, partnership, and foreigners or foreign enterprises.

(two) both the trademark transfer contract and the trademark licensing platform belong to the same type. contract 。 The transferor and transferee of the transfer of a registered trademark shall jointly apply to the Trademark Office, and attach a copy of the trademark registration certificate, transfer the copy of the registered trademark contract and the relevant documents, and transfer it. register After the trademark has been approved, the original trademark registration certificate and the certification documents approved and transferred by the Trademark Office shall be issued to the assignee, and the notice shall be published in the trademark notice. If the trademark is permitted to be used, the Licensor and the Licensee shall, within 3 months from the date of signing the contract, submit the copy of the license contract to the local administrative department for Industry and Commerce for investigation, and the Licensor shall submit it to the Trademark Office for record, and the Trademark Office shall make a public announcement.

(three) the transfer of trademarks is conditional on the fact that the public does not misunderstand, confuse or have other adverse effects. The transfer of trademark rights is the transfer of trademarks from enterprises. In some cases, it may cause public misrecognition. Because in the public impression, trademarks are linked to specific enterprises that provide certain goods or services. The Trademark Office will not approve and reject applications for the transfer of registered trademarks which may lead to misidentification, confusion or other adverse effects.

(four) when a trademark owner transfers his registered trademark, he shall transfer it to the same assignee with the same or similar trademark registered on the same or similar commodity or service. This is to prevent confusion in the same category of goods or services with different producers or service providers using the same trademark and consumers' misidentification.

(five) the contract should have statutory essential clauses. The trademark rights transfer contract and the trademark license contract should generally include the following main contents: 1, the names and addresses of the parties, the date and place of signing, etc.; 2, the trade name, the pattern, the country, the registration number, the category and name of the goods or services approved by the registered trademark; 3, the status of the existing registered trademark's use; 4, the price and the payment method; 5, the agreement of the assignee or the licensee guaranteeing the quality of the goods; 6, the conditions and procedures for the termination and dissolution of the contract; 7, the liability for breach of contract; 8, the application of law and the solution to the dispute.

The trademark licensing contract shall also specify the scope of authorized use, the time and place for licensing the trademark, and the procedures for trademark renewal and other procedures for ensuring the validity of trademark registration.