Franchise Trademark Power of Attorney
In the era of progress, the power of attorney is more and more widely used, the power of attorney is the parties to the power of attorney granted to the principal agent into a legal instrument. How do we draw up a power of attorney? The following is my collection for you to join the trademark of the power of attorney model, welcome to read and collect.
Authorization letter to join the trademark 1
Brand user (Party A): ______________ brand use licensee (Party B): ______________ according to the "Trademark Law" and "Implementing Regulations", the two sides follow the principle of voluntariness and good faith, after friendly negotiations signed this brand use license contract.
Scope of trademark authorization
I. Party A will be registered in the registration of the first class of trademarks (registration number: _______) licensed to Party B to use in its sales of products on the packaging.
Second, the trademark logo:
Third, the period of licensed use from _______ _______ month _______ to _______ _______ month _______. The expiration of the contract, such as the need to extend the use of time, by A and B to renew the trademark license contract.
Fourth, Party A licenses Party B to use the trademark of the geographical scope: the Chinese people's **** and the country, Taobao, pat, Amazon and other e-commerce sites.
V. Party A licenses Party B to use the trademark in the form of: in the People's Republic of China *** and the country area is limited to the use of Party B's sales channel license.
The rights and obligations of both parties
Six, according to the "Chinese People's *** and the State Trademark Law" stipulates: "The licensor shall supervise the quality of goods used by the licensee of its registered trademark; the licensee shall ensure the quality of goods using the registered trademark." Party B must ensure that the use of Party A's registered trademark on its production of goods, to comply with national requirements on the product health, quality, measurement, environmental protection, packaging, industry standards and statutory description of the text.
VII, Party B shall not arbitrarily change the Party's registered trademark of the text, graphics, or its combination, shall not go beyond the scope of the licensed products to use Party's registered trademark.
VIII, Party A and Party B should be two months before the expiration of the trademark license contract, whether or not to continue to authorize the use of trademarks for consultation, the expiration of the continued use of re-signing of the "Trademark License Contract" and renew the fee for the record, do not renew the contract will be terminated on its own.
IX, after the termination of the contract, Party B shall not be used in the production of its products on the Party's authorized trademarks, logos, as well as in the sixth item of the contract permits Party B in its product packaging, corporate plaques, promotional materials in the provisions of the text, or Party A has the right to pursue its infringement responsibilities.
X. Party A in the contract period, according to the "People's Republic of China *** and the State Trademark Law," Article 40, has the right to supervise the quality of Party B's products, Party B has the responsibility to the packaging design manuscript to Party A for review and filing, so as to avoid the emergence of a situation contrary to the law.
XI, Party B's trademark license authorization, according to the "Chinese People's *** and the State Trademark Law" and "Implementation Regulations", only to improve Party B's visibility, expand market share of corporate image and product image planning and packaging. It is legally authorized and protected by law under the permission of the law. At the same time, it should be emphasized that both parties are independent legal persons, each independently assume legal responsibility; A, B parties to the claims, debts, and legal liabilities unrelated to this contract shall not be involved in the other party; A, B parties to the claims, debts, and other legal disputes and liabilities unrelated to this contract can not be constituted to the parties to the legal joint and several liabilities.
XII, the contract takes effect subject to the date of signature of both parties. After the date of execution is 10 days overdue. Party B in the receipt of Party A's notice within 3 days if you do not take measures to remedy the situation, Party A has the right to suspend Party B's contract, the right to demand compensation from Party B, and the consequences arising therefrom shall be Party B's own responsibility. Conditions of termination of this contract:
xiii. Party B shall be liable for breach of contract within 10 working days after signing this contract
xiv. Party B shall not go beyond the conditions of the Trademark License Contract such as the category of the trademark, the type of goods, the geographical area where the trademark is to be used, the form of use, and the period of use to use the trademark and use the registered trademark legally.
XV, Party B is limited to the use of Party A's authorized use of the trademark on the products sold by the enterprise. Party B shall not, in any form and for any reason, authorize Party A to use the trademark to a third party to use, and shall not be used as an investment with a third party to set up a new legal entity for the production and sale and profit.
XVI, Party B in the use of Party A's registered trademarks must be paid in full before the use of all trademark royalties, and shall not be refused to pay and delayed for various reasons. Party A can not unilaterally terminate Party B's right to use the trademark during the period of the license contract (except in accordance with the terms of the "contract termination conditions" in this contract).
XVII. If both parties violate the terms of the "Liability for breach of contract", the defaulting party shall pay a fine of RMB 100,000 yuan.
18, the conclusion of this contract, interpretation, effectiveness and dispute resolution are subject to the "People's Republic of China *** and the State Trademark Law" and "Implementation Regulations" and other relevant laws and regulations of jurisdiction and protection.
Dispute resolution
nineteen, there is a dispute over the contract needs to be modified, must be agreed by both parties, signed a written contract for the original record Trademark Office acceptance can take effect.
XX, due to one party does not fulfill the obligations of the contract, or a serious violation of the provisions of the contract and the loss caused by the abiding party has the right to the defaulting party to propose economic compensation. Both sides after consultation to reach *** understanding, the contract can continue to fulfill the contract after the defending party to get compensation.
XXI, if the contract dispute can not be reached *** knowledge, the dispute can be submitted to the China Council for the Promotion of International Trade Arbitration Commission, the agency in accordance with the "Chinese People's *** and the State Arbitration Regulations" for arbitration, arbitration results for the final, binding on both parties.
This contract shall be executed in triplicate, and in accordance with the provisions of the Trademark Law of the People's Republic of China and the Implementing Regulations, within three months from the date of signing, a copy of the contract shall be sent by Party A to the Trademark Office of the State Administration for Industry and Commerce for the record; and a copy of the contract shall be sent by Party B to the Industrial and Commercial Affairs Bureau of the place of registration for deposit and inspection.
Licensee (Party A): ______________ Legal Representative: _____________________ Year ___ Month ___
Licensee (Party B): ______________ Legal Representative: _____________________ Year ___ Month ___
Licensee (Party B): ______________ Legal Representative: _____________________ Year ___ Month ___
The trademark of the franchisee is the trademark of the company. Day
Authorization letter to join the trademark 2Contract No.: ________
Signed at: ________
Trademark use licensor (Party A): ________________
Trademark use licensee (Party B): ________________
According to the Chinese People's **** and the State Trademark Law" Article 40 and "Trademark Law Implementation Regulations" Article 43 of the provisions of the A and B follow the principle of voluntariness and honesty and trust, by consensus, signed this trademark license contract.
First, Party A will be registered in the ________ class ________ goods on the No. ________ trademark license Party B to use in the ________ class ________ goods.
Second, the form of license (exclusive, exclusive, general).
Third, the period of licensed use of ________ ________ from ________ to ________ ________. The expiration of the contract, such as the need to extend the use of time, by A, B and renew the trademark license contract.
Fourth, Party A has the right to monitor the use of Party B's registered trademark quality of goods, Party B shall ensure the use of the registered trademark quality of goods. Specific measures.
Fifth, Party B must use the registered trademark of the goods on the labeling of their business name and origin of goods.
Sixth, Party B shall not arbitrarily change Party A's registered trademark text, graphics or its combination, and shall not exceed the scope of licensed goods to use Party A's registered trademark.
VII, without the authorization of Party B shall not in any form and for any reason Party A registered trademark licensed to third parties to use.
VIII. Provision of registered trademarks:
IX. Amount of license fee, calculation and payment:
X. Conditions for early termination of the trademark license contract.
XI, the termination of this contract, Party B shall immediately terminate the use of the trademark, the remaining trademark logo should be; market circulation with the trademark of the goods should be withdrawn from the market within ________ months.
XII, liability for breach of contract:
XIII, dispute resolution:
XIV, other matters:
This contract in one copy, three months from the date of signing, by Party A to the Trademark Office for the record.
Trademark Licensee (Party A) Trademark Licensee (Party B)
(Signature) (Signature)
Legal Representative: ________ Legal Representative: ________
Address: ________ Address: ________
Zip Code: ________ Zip Code: ________
________ Year ________ Month ________ Day
Authorization to Join Trademark 3Party A:
Address: zip code:
Phone: fax:
Party B:
Address: ______________ Zip Code: _________________
Phone: ______________ Fax: _________________
Terms:
1. Syllabus, Scope, Definition:
Party B is the _________ appointed by us. Area designated to allow the franchise, Party B in the region to operate all the products operated by Party A, and enjoy Party A's various business, management concepts, product trademarks, packaging and a variety of honors, Party B has the right to franchise ownership and operation in the region, Party A only on Party B's operation of the proposal, guidance.
2, the granting of the franchise:
A, B and the two sides after consultation, signed the authorization to join the cooperation book, Party A agreed that Party B has the right to open in the area of the Party's franchise, and grant the franchise.
3, the status of the franchise:
Party B's store for Party A in Party B allowed the free franchise, Party B has the ownership of the store, Party A is only involved in Party B's business management.
4, the qualifications of the franchise:
The business of the actual area of the store Zhuang shall not be less than 40m2, the building shall not be less than 150m2, lot for the region above the location of the second-level stores, decoration style, grade shall meet the requirements of Party A, the investment in the product (including inventory shall not be less than 50,000 yuan people).
5, price issues:
a. Party A supply price, Party A to the price of Party B's products should be supplied at Party A's ex-factory price, there shall be no higher than the price of other franchises.
b. Party B in the local market price according to the local market pricing, in general, and the price difference between the head office is not more than 30%.
6, financial accounting matters:
Party B shall fully review the authorization of payment regulations, to ensure that Party A's financial operations, and the two sides of the goodwill, in Party B's 'franchise, Party B enjoys the autonomy to carry out independent financial accounting, self-financing.
7, the franchise equipment investment:
Party A's investment in equipment: Party A is responsible for the production of its products, processing, packaging, machinery, plant, basic investment in construction.
Party B: Party B's investment in its franchise store, store decoration, advertising light box, including the seat according to business needs and other supporting facilities.
8, the chain of business issues:
Party B can be based on market demand, reported to the Party for the record, can be directly in the local chain, but not at the same time operating non-Party A products.
9, designated raw materials, procurement sites:
To ensure the quality of Party A's products and the company's reputation, the operation of the raw materials and finished products required by Party A shall be unified distribution, such as Party A does not have the products required by Party B's market, or Party A out of stock, or Party A agreed to the products are not included in the regulations.
10, replacement, hanging loss, inspection of the provisions:
Party B can be based on business needs, the actual situation of sales, to Party A to apply for replacement, product exchange, or even return; hanging loss: Party A sent to Party B products, such as Party A on the products of the product packaging ineffective, resulting in product breakage, Party A is responsible for; such as due to transportation and other factors that can not be resisted, product breakage. Irresistible factors caused by product damage, the loss of both parties **** with the same commitment, such as product damage does not exceed 2%, is normal loss, Party A is not responsible.
Inspection: Party B received Party A's products, must be on the quantity, quality, grade, packaging and other details of the inspection, if there is any problem, should be within three days of receipt of the product to Party A, while showing the necessary proof, otherwise, the product is considered to be eligible for goods transaction.
11, practitioners of employment, guidance, supervision
Party B's franchise personnel can be based on the actual needs of Party A, Party B, or both parties to recruitment, employment, Party A has the responsibility of practitioners in the Party B for a variety of business, skills training, so that it is suitable for business needs, the practitioners of the salary of the party by the party B The salary of the employees of Party B is paid by Party B, all kinds of day-to-day management, and dismissal is the responsibility of Party B itself.
12, personnel support issues:
Party B in the opening period or in the middle of the Party such as the need for Party A to send people to Party B practitioners for professional skills and other business training, Party A management personnel costs and in the period of Party B food and housing issues by Party B is responsible for. If Party A sends someone to Party B for a longer period of management (more than 15 working days), Party B must also pay wages to Party A according to Party A's salary standard.
13, accidents and customer feedback processing:
In the process of operation, caused by customer complaints due to the quality of Party A products, Party A is responsible for dealing with (such as Party B custody of the problems caused by the scope of the Party A is not responsible for), and other factors are responsible for Party B.
The company has been working on the development of a new product, which has been developed by the company. 14, a variety of reporting obligations: Party B within the first three days of each month to the previous month's operating conditions, sales and other business progress, market information, local product sales, advertising to Party A, Party A should be based on the operation of the Party B to make the necessary cooperation, Party A if there is a new feasibility of the sale of planning and market information should be informed in a timely manner. The company's business is to provide the best possible service to its customers. 15, management support: Party A authorized Party B franchise, must be free to provide Party A a variety of management information, such as personnel training stores daily management system and a variety of companies (honorary certificate) and industry information. 16, business secret provisions: A, B both sides should be regarded as the company's management of the other side of the situation, including retail sales, promotional advertising program as a trade secret, shall not be disclosed. 17, debt, debt transfer: A, B party due to mismanagement, resulting in the collapse of the company or the company's legal representative to replace, should notify the other party in writing, so that the two sides to negotiate whether the authorization to continue to review, or the transfer of partners. Otherwise, it is regarded as a breach of contract, and should be liable for breach of contract. 18, deposit, join the gold: In order to ensure the credibility of Party A's goods, the brand's reputation, supervision of Party B's operations in the region shall not be detrimental to the goodwill of Party A behavior, Party B and Party A cooperation for the mouth of the Alliance, shall pay a deposit of 10,000 yuan to the Party A (the expiry of the period of cooperation, the Party A to the deposit refunded to the Party B), such as the half-way point. If there is a breach of contract, according to the size of the liability for breach of contract, Party A has the right to withhold the deposit, and even continue to add the necessary legal responsibility. In order to ensure that the company is constantly committed to developing new products, improve business management, develop appropriate market sales strategy and Party A in the product registration, packaging design and other intangible assets, Party B to join the Party A when the franchise, must be paid to join the gold ten thousand yuan to ensure that the interests of the Party. 19, the law and litigation a. All attachments to this authorization constitute the main part of this authorization; b. The two sides for the review of the authorization of the authorization of all the disputes that occur in the authorization itself, should be in line with the principle of amicable settlement; c. If the consultation does not agree, the two sides can be disputed to the authorization of the review of the people's court; b. Both sides of the authorization to review the local People's Court to file a lawsuit; 20, Termination and Renewal: A, B if any party violates any of the terms of this authorization, the other party has the right to terminate the authorization immediately. Party B, if there is a violation of Party A sales principles, such as dumping Party A products or to third parties into the non-Party A products or their own into the quality of substandard products, etc., affecting the goodwill of Party A, all constitute a violation of the terms of this authorization. 21 This authorization is valid from ______ _______ to ________ _______. This authorization is executed in two copies, one for each party, and the attachments to this authorization are an integral part. This authorization is validated by the seal of both parties. Party A: Party B: Signed (Stamped): Signed (Stamped): Name: Name: Position: Position: Time.