How to review the validity of a trademark transfer contract

Reviewing the validity of a trademark transfer contract mainly examines whether the contract is invalid or revocable, and whether the transferred trademark is a trademark frozen by the people's court and a trademark that has been registered as a pledge. Regarding how to review the validity of a trademark transfer contract, the editor of Legal Savior Network will give you detailed answers below.

1. How to review the validity of the trademark transfer contract

1. Review the trademark The validity of the transfer contract is mainly to examine whether the contract is invalid or revocable, whether the transferred trademark is a trademark frozen by the people's court and a trademark that has been registered as a pledge. One party concludes a contract by means of fraud or coercion, harming national interests; malicious collusion, harming the interests of the country, the collective or a third party; concealing illegal purposes in legal forms; harming social and public interests; violating mandatory provisions of laws and administrative regulations.

2. Legal basis: Article 54 of the "Contract Law": For the following contracts, one party has the right to request the people's court or arbitration institution to change or cancel:The contract was concluded due to a major misunderstanding;It was obviously unfair when the contract was concluded. If one party uses fraud, coercion or takes advantage of someone else's danger to make the other party enter into a contract against its true intention, the injured party has the right to request the people's court or arbitration institution to change or cancel the contract. If a party requests a change, the people's court or arbitration institution shall not revoke it. Examine whether the transferred trademark is a trademark frozen by the people's court and a trademark registered as a pledge.

2. What should you pay attention to when transferring a trademark?

1. It is clear that the transferee is limited to enterprises, institutions, social groups, individual industrial and commercial households, individual partnerships, and foreigners or foreign enterprises. Natural persons who are not legally permitted to engage in business activities are restricted as transferees of trademark rights;

2. The trademark transfer fee should be paid in installments as much as possible, such as Part of the fee is paid when the contract is signed, and the remainder is paid after the trademark transfer is approved and announced. Avoid agreeing to make a one-time payment after the trademark transfer is approved and announced.

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