1. Is it necessary to sign a transfer agreement to transfer the right to use a trademark?
1. parties to 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. Legal basis:
"Trademark Law of the People's Republic of China" 42 Article 1: When transferring a registered trademark, the transferor and the transferee shall sign a transfer agreement and jointly submit an application to the Trademark Office. The transferee shall ensure the quality of the goods using the registered trademark. When transferring a registered trademark, the trademark registrant shall transfer all similar trademarks registered on the same goods, or identical or similar trademarks registered on similar goods.
2. Who signs the equity transfer agreement
The person who signs the equity transfer agreement. In an equity transfer, the subject of the transfer of equity should be the company's shareholders, and the transferee can be a shareholder of the original company or a third party other than the shareholder. The equity transfer agreement of a limited company is actually a special contract whose subject matter is equity. The agreement must first meet the requirements for a general contract to be effective, that is, the parties to the agreement must have corresponding civil capacity when entering into the contract; the intentions of both parties are true, and the contents of the contract do not violate the law or social public interests; the subject matter of the contract must be certain and possible. The equity transfer agreement should be signed by both the transferor and the transferred party. However, the Company Law imposes restrictions on the transfer of equity to persons other than shareholders, which limits the disposal of equity by shareholders.
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