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What principles should be followed when signing a trademark right transfer agreement?

2017-10-25 14:17:28

    The parties to the trademark transfer shall follow the following principles on how to sign the trademark right transfer agreement:

    1.The contract for the transfer of trade marks on the basis of equality, voluntariness and consensus is legally binding on both parties; either party to the contract should seriously and comprehensively perform the obligations set out in the contract and can not refuse to do so for other reasons Or not fully fulfilled. Unless there are special provisions in the law.

    2.The transferee of the transfer of the registered trademark contract shall ensure the quality of the goods using the registered trademark and can not conceal it by the registered trademark and the manufacture and sale of the fake and shoddy goods.

    3.The transferor of the trademark transfer contract shall not be able to use the trademark which has been transferred for the use of goods similar or identical to the transferee's goods within the validity period of the contract and in the area where the mark is registered, unless the transferee has signed Trademark licensing contract. The transferee shall have the right to sue the assignor of the original trademark transfer contract on the ground that it violates the exclusive right of the trademark.

   4.In case of disputes arising from the trademark transfer contract, the two parties may settle the dispute by themselves or by mediation or arbitration. If the above methods are unable to work, the final settlement is made through litigation.

   5.Where the dispute is transferred through the litigation transfer, the case shall be governed by the people 's court of the place where the contract is performed or the place where the defendant is domiciled.

Precious:[Is it possible to withdraw the application for trademark transfer in law?]

Next:[Notice of signing trademark transfer agreement]

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