The contract for the use of catering trademarks is a very important term that many people in the catering industry must understand. The contract for the use of catering trademarks is very important, but few people know how to write it when they are new to it or need to use it. So what is the specific function of the contract for the use of catering trademarks? Let me answer it for you. Types of trademark license contracts (1) Exclusive use license The registrant of a trademark licenses the registered trademark to only one licensee at the agreed time, place and manner, and the registrant of the trademark may not use the registered trademark according to the agreement; (2) The exclusive use of the licensed trademark registrant licenses the registered trademark to only one licensee in the agreed period, region and manner, and the trademark registrant may use the registered trademark according to the agreement, but may not license others to use the registered trademark separately. (3) General use license A general use license means that a trademark registrant authorizes others to use its registered trademark in an agreed period, region and manner, and can use the registered trademark by himself and authorize others to use its registered trademark. Model Contract EditorNo.: Trademark Licensor (Party A): Trademark Licensee (Party B): In accordance with the provisions of the Trademark Law of the People's Republic of China and the Implementation Regulations, both parties signed this trademark license contract on the principle of voluntariness and good faith through friendly negotiation. Scope of authorization 1. Party A will license Party B to use the _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ registered in the Trademark Office of the State Administration for Industry and Commerce. II. Trademark Identification: (Attach a separate page) III. The term of license is from _ _ _ _ _ _ _ _ _ _ _ _ _ to _ _ _ _ _ _ _ _ _ _ _ _ _. Upon the expiration of the contract, if it is necessary to extend the use time, Party A and Party B shall renew the trademark license contract separately. IV. The geographical scope of Party A's permission for Party B to use the trademark: within the People's Republic of China. V. The form of Party A's permission to Party B to use the trademark is: general permission to use the trademark in the industries of the People's Republic of China and China. During the duration of the contract, other manufacturers are not authorized to use Party A's _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ VI. Explanatory words that Party B is permitted to use on product packaging, corporate plaques and promotional materials: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Eight, according to the provisions of the Trademark Law of the People's Republic of China: "Licensor shall supervise the quality of the goods that licensee uses its registered trademark; The licensee shall guarantee the quality of the goods using the registered trademark. " Party B must ensure that the products that use Party A's registered trademark in the products it produces meet the national requirements on the hygiene, quality, measurement, environmental protection, packaging, industry standards and legal description of the products. 9. Party B shall not arbitrarily change the words, graphics or combination of the registered trademark of Party A, and shall not use the registered trademark of Party A beyond the permitted product range. X. According to the Trademark Law of the People's Republic of China, Party B must indicate Party B's enterprise name and place of origin on the goods using Party A's registered trademark. Eleven, Party A and Party B shall negotiate whether to continue to authorize the use of the trademark two months before the expiration of the trademark license contract. If they continue to use the trademark at the expiration, they shall re-sign the Trademark License Contract and renew the fee for filing. If they do not renew the contract, they will terminate themselves. 12. After the termination of the Contract, Party B shall not use the trademark and logo authorized by Party A and the words with the title of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 13. During the validity of the contract, Party A has the right to supervise the quality of Party B's products according to Article 41 of the Trademark Law of the People's Republic of China, and Party B has the responsibility to submit the packaging design manuscript to Party A for review and filing, so as to avoid any violation of the law. 14. Party A's authorization for Party B's trademark use license is based on the provisions of the Trademark Law of the People's Republic of China and the Implementation Regulations, and is designed and packaged for the purpose of enhancing Party B's popularity and expanding market share. It is legally authorized and protected by law. At the same time, it should be emphasized that both parties are independent legal persons and bear legal responsibilities independently; The creditor's rights and debts of Party A and Party B, as well as legal liabilities unrelated to this contract, shall not involve the other party; The creditor's rights and debts of Party A and Party B, as well as other legal disputes and responsibilities unrelated to this contract, cannot constitute joint legal liabilities to all parties. Conditions for the entry into force and termination of this contract: 15. Both parties shall sign and seal the trademark license contract. 16. Party B paid Party A the trademark use fee in full according to the contract deposit. 17. Party A shall submit the trademark license contract to the Trademark Office of the State Administration for Industry and Commerce for the record. 18. To use products with registered trademarks authorized by Party A, Party B must meet the following conditions: a product inspection report issued by the inspection department designated by the State Bureau of Technical Supervision. Products that are explicitly required to have environmental protection certification by the state must be certified by national environmental protection agencies or by national designated agencies. Products that must implement national mandatory standards must meet the standards. For products that must be issued by the competent administrative department of the state, a production license must be obtained. Within _ _ _ _ months after the signing of this contract, Party B shall go to the registered industrial and commercial bureau for filing. XIX. The effective date of the contract shall be subject to the signatures and seals of the representatives of both parties. Conditions for the termination of this contract: 21. The license period of the trademark license contract expires and the contract is not renewed. 21. Party B violates the Trademark Law of the People's Republic of China and the Implementation Regulations, and after using the registered trademark of Party A, its products are shoddy and shoddy, deceiving consumers and causing serious damage to Party A's reputation. Twenty-two. Within _ _ _ _ working days after signing this contract, Party B fails to fully pay the trademark license fee into the account designated by Party A (bank holidays and holidays are postponed). Transaction procedure XXIII. Party A will first send the contract to Party B for review, and Party B will pay RMB 11,111.11 Yuan after no objection. The payment method can be divided into two ways: the first way is to pay in one lump sum, and Party A promises to urgently submit the contract to the Trademark Office of the State Administration for Industry and Commerce for filing within _ _ _ _ _ hours, and go with Party B. If the Trademark Office of the State Administration for Industry and Commerce does not accept this filing, Party A will refund all trademark license fees to Party B.. Party B shall pay the full amount until it is accepted by the State Trademark Office. Option 2: Party B shall pay _ _ _ _% of the total payment in advance, and the rest shall be settled after Party A submits it to the Trademark Office of the State Administration for Industry and Commerce for acceptance. If Party B fails to complete all the settlement matters within _ _ _ _ working days after Party A has completed all the formalities, Party A shall have the right to terminate the contract with Party B and suspend Party B's use of its registered trademark as compensation for Party A.. Both parties sign the Trademark License Contract, and go to the trademark agency designated by the State Administration for Industry and Commerce _ _ _ _ for filing, which will be submitted to the Trademark Office of the State Administration for Industry and Commerce for filing according to the laws and regulations of China. Twenty-four, after the agency submitted the Trademark License Contract signed by both parties to the Trademark Office of the State Administration for Industry and Commerce, all the obligations undertaken by Party A were completed. 25. After accepting the Trademark License Contract, the Trademark Office of the State Administration for Industry and Commerce shall, in accordance with its administrative procedures, issue a Notice of Registration of Trademark License to Party A, and make an announcement in the national Trademark Announcement. 26. Party A designates _ _ _ _ _ _ Investment Consulting Co., Ltd. as the collection and settlement unit of Party A, which is fully responsible for Party A's trademark use license in China, and _ _ _ _ _ Investment Consulting Co., Ltd. is responsible for coordinating and solving problems, disputes or legal disputes arising from Party B's use. 27. The Trademark License Contract concluded in accordance with the Trademark Law of the People's Republic of China and the Implementation Regulations is legally binding on both parties if it meets the effective conditions in the contract. Liability for breach of contract 28. Party B shall not legally use the registered trademark of Ambrose International Co., Ltd. beyond the conditions of trademark category, commodity category, area of use, form of use and term of use specified in the Trademark License Contract. Twenty-nine, Party B is limited to use the trademark authorized by Ambrose International Limited on the products and stores produced by this enterprise. Party B shall not sublicense the trademark authorized by Party A to a third party for use in any form or for any reason, nor shall it be used as an investment to produce, sell and make profits with a newly established legal entity of a third party. 31. Before using the registered trademark of Party A, Party B must pay all the trademark use fees in full, and shall not refuse to pay or delay for any reason. During the duration of the license contract, Party A shall not unilaterally terminate Party B's right to use the trademark (except for the clauses that meet the conditions for termination of the contract). Thirty-one, if both parties violate the terms in the "liability for breach of contract", the breaching party will be fined RMB _ _ _ _ _ _. Applicable law 32. The conclusion, interpretation, effectiveness and dispute settlement of this contract are governed and protected by the Trademark Law of the People's Republic of China and the Implementation Regulations and other relevant laws and regulations. Settlement of disputes 33. Any dispute over the contract that needs to be amended must be agreed by both parties, and the written contract shall be signed and submitted to the original filing and trademark office for acceptance before it takes effect. Thirty-four, because one party fails to perform its obligations under the contract, or seriously violates the provisions of the contract, the observant party has the right to claim economic compensation from the defaulting party. Both parties reached an understanding through consultation that the observant party can continue to perform the contract after receiving compensation. 35. If no agreement can be reached on the contract dispute, the dispute may be submitted to the Arbitration Commission of the China Council for the Promotion of International Trade for arbitration in accordance with the Arbitration Regulations of the People's Republic of China. The arbitration result is final and binding on both parties. Interpretation, agency, dispute acceptance and arbitration organization 36. The right to interpret the trademark license dispute in this contract belongs to the Trademark Office of the State Administration for Industry and Commerce. Thirty-seven, the trademark agency in this contract is _ _ _ _ _ trademark agency. 38. The disputes in this contract shall be accepted in the Intellectual Property Department of the Intermediate People's Court of _ _ _ _. 39. The arbitration of disputes in this contract shall be conducted by the Arbitration Commission of the China Council for the Promotion of International Trade. This contract is made in quadruplicate. According to the Trademark Law of the People's Republic of China and the Implementation Regulations, Party A shall submit a copy of the contract to the Trademark Office of the State Administration for Industry and Commerce for the record within _ _ _ _ months from the date of signing. Party B shall submit a copy of the contract to the local industrial and commercial bureau for filing. Licensor (Party A): Licensee (Party B): Legal Representative: Legal Representative: Notes on the performance of the trademark license contract. Trademark license is known as the most promising business model in the 21th century. Through trademark license, the licensor can expand the scope of commercial trademarks, expand the influence of trademarks in a short time and give full play to the advantages of trademarks. For the licensee, it can increase the sales volume of products in a short time and gain the recognition of consumers. However, if we don't pay attention to and guard against the risks in the licensing process of the catering trademark, the licensor may smash the brand in a short time, and the licensee may lose his wife and lose his soldiers, so we should be cautious. I. Precautions for the performance of trademark licensors 1. Pay attention to the control of the quality of goods. The property value of a trademark lies in its reputation. Licensing others to use a trademark means that the reputation of the trademark is attached to the licensee's behavior and the goods it provides. Therefore, the quality control in the license contract is an extremely important content. 2. Pay attention to the examination of the licensee's qualification and quality control of goods. For the licensor, first of all, we must carefully choose partners and let those enterprises with good production capacity, high management level and strong performance ability be the licensees. Before granting the license, the licensor shall inspect and test the legal person qualification, production capacity, management level and product quality of the licensee. Those who fail to meet the same quality standards as their own products cannot sell their licenses. After the conclusion of the license contract, the licensor should pay close attention to the production and sales of the licensee to prevent the licensee from any phenomenon that damages the reputation of the trademark in terms of product quality and after-sales service. During the term of the contract, the licensor has the responsibility to supervise the production process, technological production, product inspection and management of the licensee. When the licensee's products can't meet the quality of the licensed registered trademark, the licensor should take decisive measures to prevent the situation from developing further, and if necessary, it should definitely terminate the contract and recover the trademark license right. 3. Pay attention to the maintenance of trademark rights. The licensor has the obligation to ensure the certainty and stability of the licensed trademark rights and maintain the licensee's right to use. Specifically, the licensor shall ensure that the registered trademark under the contract is true and reliable, and it is a commodity trademark or service trademark registered after examination and approval by the trademark authority, and the trademark is still within the effective period of legal protection. Licensor shall not sign exclusive licensing contracts with more than two enterprises in the same area, resulting in conflicts between the use rights of more than two licensees. During the validity of the contract, the licensor shall not arbitrarily transfer the registered trademark to a third party. If it is necessary to transfer the registered trademark, it must explain the situation to the licensee, obtain the consent of the licensee or terminate the license contract with the licensee. The licensor shall also take effective measures to maintain its trademark rights and bear the required expenses, such as timely trademark renewal. For trademark infringement in the market, if it is an exclusive license or an exclusive license, the licensee may bring a lawsuit, and the licensor actively participates in the cooperative action. If it is a general license, the licensor will sue, but the licensee shall inform the licensor of the facts and evidence of infringement in time. 4. Strengthening the supervision of the use of trademarks by licensees How to maintain the reputation of trademarks, prevent the quality of goods using trademarks from getting out of control and harming the interests of trademark owners, and protect the rights and interests of consumers is an important task of enterprise trademark management. The contents of supervision over the use of trademarks by licensees include: first, the licensed trademarks must be consistent with the registered trademarks. The licensee's use of a registered trademark is the same as the trademark owner's own use, and is limited to the approved registered trademark and the goods approved for use. Shall not exceed the approved scope of goods, and shall not arbitrarily modify the text and graphics of a registered trademark. At the same time, the licensee must also enter the licensed goods in accordance with the provisions of the contract.