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The common legal risk of trademark assignment contract

2017-10-24 14:56:40

1.Trademark transfer contract should pay attention to:

1)It is clear that the transferee is restricted to enterprises, individual businesses, institutions, social organizations, individual partnerships, as well as foreigners or foreign enterprises;

2)Trademark transfer fees should be agreed as an installment as much as possible. If part of the fee is paid at the time of signing of the contract, the remaining part will be paid after the approval notice of the trade mark.

2.Trademark transferee should pay attention to:

1)In the contract clearly agreed that the transferor for the transfer of the trademark to the legitimate rights of the trademark, and the exclusive use of the trademark is valid;

2)In order to prevent the emergence of the same kind of commodities or services with different producers, mistaken or service using the same trademark confusion phenomenon and consumers.

3)According to the relevant laws and regulations, the subsequent transfer of the trademark does not affect the effectiveness of the first use of the license. The licensee may continue to use the mark within the validity period of the license, thereby adversely affecting the transferee of the transfer mark.

3.Both the transferor and the transferee should pay attention to:

1)In accordance with the provisions of the Trademark Law of the People's Republic of China, the transferee shall be entitled to the exclusive right to use the trademark from the date of the announcement;

2)The transferor and the transferee should be jointly submitted to the Trademark Office for the transfer of a registered trademark application.


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