What content does a trademark transfer letter need to contain?

What we usually call a Trademark transfer letter is a trademark transfer contract in the legal sense. In the market economy, it is also called a trademark transfer letter. The trademark transfer letter is very important for the transfer of trademark rights. It is a legal document that restricts the transfer behavior of both parties to the trademark transfer. Therefore, it is very important for us to fully understand and study the trademark transfer letter. So, what does a trademark transfer letter need to contain? The editor of Legal Savior Network will give you detailed answers.

What contents need to be included in the trademark transfer letter

1. The parties to the contract. The transfer parties of the contract should be enterprises that legally enjoy the exclusive rights to trademarks.

2. The basic information of the trademark, including the trademark name, country, design, registration number, registration time, the category and goods of the goods or services for which the registered trademark is approved or service name.

3. Trademark rights licensing status. Before a trademark right is transferred, it often happens that the transferor has licensed the right to use the trademark to a third party. In order to protect the relevant rights and interests of the transferee, the transferee should clearly understand the specific status of the transferred trademark before signing a trademark transfer contract, and the relevant use of the transferred trademark should be clearly stipulated in the contract, as well as the transferee's obligations under the contract. After signing, do you still need to bear the rights and obligations related to the licensed use?

4. After the trademark right is transferred, the rights of the transferee. The types of goods (or categories and names of services) that can use the trademark and the geographical scope in which the trademark can be used should be clearly agreed upon.

5. The nature of the transfer of trademark rights.

6. Time for transfer of trademark rights.

7. Transfer fees and payment methods for trademark rights transfer. This clause should clearly stipulate the transfer fee, payment method and payment time.

8. Handling trademark transfer procedures.

9. Guarantee of product quality.

10. Confidentiality obligations of both parties.

11. Liability for breach of contract.

12. Dispute resolution clauses generally stipulate that both parties shall negotiate amicably first. If negotiation fails, they will be resolved through legal channels.

13. Legal applicable clauses, for The two parties are in different countries, and each party tries to agree on the application of domestic laws based on its own position.

Trademark transfer process

The trademark transfer process includes: application → acceptance → review → announcement → issuance of transfer certificate.

In addition, the documents required for trademark transfer:

A. "Transfer Application/Registered Trademark Application";

B. Assignor and transferee Identity document (copy);

C. The "Agency Letter" issued by the transferee who entrusts an agent to submit, and the submitter who handles it directly in the acceptance hall The original and copy of the identity card of the person in charge of the transferor;

D. If applying for transfer, relevant supporting documents should also be submitted;

E. If the application documents are in a foreign language, a Chinese translation signed and confirmed by the translation agency should also be provided.

The time for trademark transfer : It takes about 6-10 months. Therefore, it is very important to be familiar with the whole process.

By understanding the meaning of the trademark transfer letter, we know that trademark rights can be transferred according to law In addition, by understanding the process of trademark transfer, we know that trademark transfer must go through certain legal procedures. However, through understanding and studying the trademark transfer contract, we found that the trademark transfer letter contains a lot of content, which we usually Key points that cannot be encountered.