Trademark transfer contract disputeHow to solve
1. If the dispute is caused by the company's own internal problems, then it falls into the category of civil legal disputes. The parties need to safeguard their rights and interests through judicial litigation procedures.
2. If the trademark transfer application is in progress During the Trademark Office transfer review process, the Trademark Office will give the parties a reasonable time limit to handle it;
3. If the trademark dispute involves legal authority issues, the parties can only apply for evidence preservation measures in the court to temporarily freeze the implementation of the rights after the trademark is transferred, and finally file a lawsuit. procedures to resolve disputes.
4. If the trademark is counterfeited, counterfeited and other illegal transfer issues, the local public security department is required Conduct a criminal appraisal and then go through the judicial process.
5. If the Trademark Office "does not accept the application" , "disapproval" and other administrative decisions, the parties can resolve them through the State Administration for Industry and Commerce or administrative litigation.
Manifestations of trademark contract disputes
(1) In the trademark transfer contract, the main manifestations of disputes are:
1. Breach of contract on the part of the transferor
(1) Failure to deliver to the transferee the documents related to the registered trademark as required in the contract;
(2) The transferred trademark right has been canceled by the State Trademark Office in accordance with the law because it has not applied for renewal beyond the validity period. It is invalid for various reasons;
(3) Violating the provisions of the Trademark Law, the same or similar trademarks registered on the same or similar goods are not transferred together;
(4) The transferor has entered into a trademark license contract with a third party before transferring the registered trademark Without the consent of the licensee, transfer the registered trademark without authorization;
(5) Failure to complete trademark registration and transfer procedures with the National Trademark Office in accordance with the provisions of the Trademark Law.
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