Which court has jurisdiction over trademark transfer contract disputes
According to the "Civil Procedure According to the provisions of the Law, lawsuits filed due to contract disputes shall be under the jurisdiction of the people's court of the defendant's domicile or the place where the contract is performed. The parties to a contract may agree in a written contract to choose the jurisdiction of the people's court at the place where the defendant is domiciled, the place where the contract is performed, the place where the contract is signed, the place where the plaintiff is domiciled, and the place where the subject matter is located, but this law's provisions on hierarchical jurisdiction and exclusive jurisdiction shall not be violated. If the place of performance agreed upon by the parties is inconsistent with the actual place of performance, the actual place of performance shall prevail.
Therefore, the intermediate people's court in the above location or the basic people's court with jurisdiction over trademark cases has jurisdiction. For trademark cases where contractual liability and tort liability are concurrent, the competent court shall be determined according to the cause of action chosen by the parties.
Transfer Notes
In practice, a large number of transferred registered trademarks are transferred and registered by contract.
1. The transfer of a registered trademark requires the completion of certain procedures in accordance with the law. The transfer registration can only take effect after being approved by the Trademark Office. Transferring a registered trademark without going through the relevant procedures with the Trademark Office is an act of self-transfer of a registered trademark. Such private transfer will be subject to administrative penalties, and in severe cases, the registered trademark may be revoked.
2. After the transfer of trademark rights takes effect, the transferor shall no longer use the goods or services approved for use with the transferred trademark in the area where the trademark registration is valid. Use the transferred trademark on products or similar goods and services, otherwise it will infringe the transferee's trademark rights. If the transferor wants to continue to use it, it must sign a trademark license contract with the transferee and obtain the transferee's authorization.
Therefore, when a trademark owner transfers its registered trademark, it should be used together with the trademark on the same or similar goods.or other identical or similar trademarks registered on the Service will be transferred to the same assignee. This is to prevent confusion and consumer misunderstanding when different producers or service providers use the same trademark on the same type of goods or services.
3. The date when the transfer of a registered trademark is published in the trademark announcement is the starting date for the transferee to enjoy the exclusive right to use the trademark. The registered trademark after the transfer is valid from From this date to the expiry date of the registered trademark.
4. The contract should have mandatory statutory provisions. A trademark transfer contract should generally include the following main contents:
1. Names, addresses, signing date and place of both parties;
2. Trademark name, design, country, registration number, category and name of the goods or services for which the registered trademark is approved;
3. Existing license status of registered trademarks;
4. Price and payment method;
5. The transferee’s agreement to guarantee the quality of the goods;
6. The conditions and procedures for contract suspension and termination;
7. Liability for breach of contract;
8. Applicable law and resolution of disputes.
The above is the relevant introduction to which court has jurisdiction over trademark transfer contract disputes. I hope it can help everyone. If you need to know more, please pay attention to the official website of Legal Savior Network and consult our Legal Savior Network lawyers online. We will serve you wholeheartedly.
