How to resolve trademark transfer disputes
1. If the dispute is caused by the company's own internal problems, then it is a civil matter The scope of legal disputes requires the parties to protect their rights and interests through judicial litigation procedures.
2. If the trademark transfer application is in the transfer review process of the Trademark Office, the Trademark Office will give the party concerned a reasonable time limit to process it;
3. If the trademark dispute involves legal authority issues, the parties can only apply for evidence preservation measures from the court to temporarily freeze the implementation of the rights after the trademark is transferred, and finally pass the litigation procedures to resolve disputes.
4. If the trademark is illegally transferred such as counterfeiting or counterfeiting, the local public security department needs to conduct a criminal appraisal and then go through judicial procedures.
5. If there is an administrative dispute resulting from an administrative decision such as "not accepted" or "not approved" by the Trademark Office, the parties can go through the State Administration for Industry and Commerce or administrative litigation. be resolved.
Manifestations of trademark contract disputes
(1) In the trademark transfer contract, the main manifestations of disputes For:
1. A breach of contract on the part of the transferor
(1) Failure to comply with the contract require the transferee to deliver the certificates and information about the registered trademark to the transferee;
(2) The transferred trademark right has been expired because it has not applied for renewal beyond the validity period. The National Trademark Office has canceled it in accordance with the law and is invalid for various reasons;
(3) In violation of the provisions of the Trademark Law, the same trademark registered on the same or similar goods or similar trademarks are not transferred together;
(4) If the transferor has entered into a trademark license contract with a third party before transferring the registered trademark, it transfers the registered trademark without the consent of the licensee;
(5) Failure to go through the trademark registration transfer procedures with the National Trademark Office in accordance with the provisions of the Trademark Law.
2. Occurs when the transferee Breach of contract by one party
(1) The transferee does not meet the qualification conditions stipulated in the Trademark Law, that is, the provisions of Article 2 of the "Trademark Law Implementing Rules" [2];
(2) The transferee failed to pay the transferor the registered trademark transfer in accordance with the conditions agreed in the contract (including amount, currency, time limit, location, method, etc.) Price;
(3) The goods produced or services provided by the transferee using the registered trademark do not meet the quality requirements stipulated in the contract.
(4) The transferee failed to complete the trademark registration transfer procedures with the State Trademark Office in accordance with the relevant provisions of the Trademark Law.
( 2) In a trademark license contract, disputes mainly manifest as
3. Breach of contract on the part of the licensor
(1) The licensor transfers the registered trademark to a third party outside the contract without the consent of the licensee;
(2) The licensor If the registered trademark term expires and the licensor does not apply for renewal of registration;
(3) The licensor applies to cancel the registered trademark before the term has expired and automatically abandons the trademark Exclusive right to trademark;
(4) The licensor fails to supervise the quality of the licensee’s products as required in the contract;
(5) The licensor failed to complete the filing procedures with the local industrial and commercial administration and the National Trademark Office in accordance with the provisions of the Trademark Law.
4. A breach of contract on the part of the licensee
(1) The licensee does not meet the qualifications stipulated in the Trademark Law, that is, Article 3 of the Implementing Rules of the Trademark Law [3] The provisions of Article 2;
(2) The licensee fails to use the registered trademark in accordance with the scope of use agreed in the contract. The scope of use includes the period of use, the type of goods or services using the registered trademark, and the sales of goods produced using the registered trademark Scope, etc.;
(3) The licensee fails to pay the licensee to use the license according to the conditions (amount, currency, term, location or method) agreed in the contract; Fees for the use of registered trademarks;
(4) The goods produced or the services provided by the licensee using the registered trademark do not meet the quality requirements agreed in the contract, or the license is refused person to supervise and inspect its quality;
(5) The licensee violates the provisions of the Trademark Law and fails to indicate the licensee on the goods using the registered trademark The name and origin of the goods;
(6) The licensee failed to complete the filing procedures with the local industrial and commercial administration and the National Trademark Office in accordance with the provisions of the Trademark Law.
