Can well-known trademarks be transferred?
Well-known trademarks can be transferred.
1. The trademark transfer process includes: application → acceptance → review → announcement → issuance of transfer certificate.
2. Documents required for trademark transfer:
A. "Transfer Application/Registered Trademark Application" 》;
B. Identity documents (copies) of the transferor and transferee;
C. To entrust an agent, submit the "Agency Letter" issued by the transferor and the transferee respectively, and to apply directly in the acceptance hall, submit the original and copy of the ID card of the person in charge of the transferee;
D. If you apply for transfer, you should also submit relevant supporting documents;
E. If the application documents are in a foreign language, you should also submit Provide a Chinese translation signed and confirmed by the translation agency.
3. Trademark transfer time: It takes about 6-10 months.
Review the terms of the trademark transfer contract:
1. The subject of the contract. The transferor of the contract shall be enterprises, institutions, social groups, individual industrial and commercial households, individual partnerships, and foreigners or foreign enterprises that legally enjoy the exclusive right to use trademarks. The transferee shall be limited to enterprises, institutions, social groups, individual industrial and commercial households, Individuals, partnerships, and foreigners or foreign enterprises.
2. Basic information about the trademark, including the trademark name, design, country, registration time, registration number, the category and goods of the goods or services for which the registered trademark is approved or the name of the service.
3. Trademark rights licensing status. Before a Trademark right is transferred, it is oftenThere is a situation where the transferor has licensed the right to use the trademark to a third party. In order to protect the interests of the transferee, the transferee should clearly understand the rights status of the transferred trademark before signing the contract, clearly agree on the circumstances under which the transferred trademark is permitted to be used, and whether the transferee will continue to use the transferred trademark after signing the contract. You must bear the rights and obligations related to the licensed use.
4. After the trademark right is transferred, the rights of the transferee. The types of goods (or categories and names of services) that can use the trademark and the geographical scope in which the trademark can be used should be clearly agreed upon.
5. The nature of the transfer of trademark rights. It should be clearly agreed whether the transfer of trademark rights is a permanent transfer of trademark rights or a non-permanent transfer of trademark rights. Depending on the nature of the transfer, the transferee enjoys different rights periods.
6. Time for transfer of trademark rights. Depending on the nature of the transfer of trademark rights, the transfer time is also different. For permanent trademark rights transfer, it is generally agreed that the trademark rights will be officially transferred to the transferee after the trademark transfer change registration procedures are completed in the trademark rights transfer contract. For non-permanent transfer of trademark rights, the transfer period should be agreed upon and the transferor will take back the trademark rights upon expiration of the transfer period.
7. Transfer fees and payment methods for trademark rights transfer. This clause should clearly stipulate the transfer fee, payment method and payment time. If it is foreign-related business, the currency exchange rate and calculation method must also be taken into consideration.
8. Handling trademark transfer procedures. It should be clearly agreed that both parties should jointly submit an application for transfer of a registered trademark to the Trademark Office, and the application procedures for transfer of a registered trademark shall be handled by the transferee. In addition, it should be agreed on who should bear the costs of changing the registrant.
9. Guarantee of product quality. The transferor of trademark rights requires the transferee to ensure that the quality of the products marked by the trademark is not lower than the original level of the transferor. The transferor should provide samples of the goods to the transferee and provide technical guidance or know-how for manufacturing such goods (can be In addition, sign a technology transfer contract); product instructions, product packaging, product maintenance methods, and, if necessary, a list of customers who frequently purchase the product should also be provided. If the transfer is non-permanent, the transferor can supervise the transferee's production and has the right to inspect the transferee's production conditions and product quality.
10. Confidentiality obligations of both parties. It should be clearly agreed that both parties have the obligation to keep the other party’s production and business operations confidential.
11. Liability for breach of contract is to ensure the performance of debts and to protect and relieve the legal rights of creditors.effective means of benefit. When parties to a contract fail to perform their contractual obligations or perform their contractual obligations inconsistently with the agreement, they will bear corresponding liability for breach of contract. The forms of liability for breach of contract include continuing to perform the contract, taking remedial measures, compensating for losses, paying liquidated damages, etc.
Notes on liability for breach of contract:
① Various circumstances under which liability for breach of contract is not clearly agreed upon, Therefore, the breach of contract liability clause cannot be applied.
② In the form of breach of contract to pay liquidated damages or damages, there is no basis for calculating liquidated damages or damages, making the breach of contract clause unoperable. .
③ Misunderstanding the termination of the contract as a form of assuming liability for breach of contract or mistakenly believing that the contract can be terminated as long as there is a breach of contract
④ If the agreed liquidated damages are excessively higher than the losses caused, the parties may request the people's court or arbitration institution to appropriately reduce it. The law stipulates that "if the liquidated damages agreed upon by the parties exceed 30% of the losses caused, it can generally be deemed to be "excessively higher than the losses caused" as stipulated in Paragraph 2 of Article 114 of the Contract Law."
12. Dispute resolution clauses generally stipulate that both parties shall negotiate amicably first. If the negotiation fails, they will then be resolved through legal channels:
①. If litigation is adopted, each party shall try its best to agree on the jurisdiction of the court where it is located based on its own position.
②. If arbitration is adopted, each party shall try its best to agree on the jurisdiction of an arbitration institution in its own location based on its own position.
13. Legal applicable clauses. For situations where the two parties are in different countries, each party will try its best to agree on the application of the laws of its own country based on its own position.
The above is the relevant knowledge about the above issues compiled by Hualu editor for you. This website provides you with professional lawyer consultation. If you have any questions, Welcome to the Legal Savior Network for consultation.