Model trademark license contract 1
Trademark Licensor (Party A) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Trademark Licensee (Party B) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
According to Article 40 of the Trademark Law of People's Republic of China (PRC) and Article 43 of the Regulations for the Implementation of the Trademark Law of People's Republic of China (PRC), Party A and Party B, following the principles of voluntariness, honesty and credibility, have reached an agreement through consultation to sign this trademark license contract.
1 . Party A will exclusively use the registered trademarkNo. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. _ _ _ _ _ _ _ _ _ _ Trademark Identification: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Two. The license period starts from _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
3. Party A has the right to supervise the quality of goods using registered trademarks by Party B, and Party B shall guarantee the quality of goods using registered trademarks. The specific measures are as follows: Party B produces according to the quality standards of relevant departments in People's Republic of China (PRC) and China, and Party A checks the quality of goods, specifically in accordance with the Interim Measures for Trademark Management of Modern United Holding Group Co., Ltd. ..
Four. Party B must use the registered trademark to indicate the name of its own enterprise and the origin of the goods.
5. Party B shall not change the words, graphics or combination of Party A's registered trademark without authorization, and shall not use Party A's registered trademark beyond the scope of licensed goods.
6. Without the authorization of Party A, Party B shall not license the registered trademark of Party A to a third party in any form or for any reason.
Seven. Mode of providing registered trademark logo: Party B shall print it by itself as required and obtain the consent of Party A. ..
Eight. Royalty and payment method: supplementary explanation.
Nine. If Party A and Party B terminate this contract in advance, they shall notify the Trademark Office and their respective county-level administrations for industry and commerce in writing within one month from the date of termination.
X. liability for breach of contract: supplementary explanation.
XI。 Dispute resolution: You can appeal to the local courts of both parties, and the court will make a ruling.
Twelve. Other matters: Matters not covered in this contract can be settled and supplemented by both parties through consultation.
This contract is made in triplicate. Within three months from the date of signing, Party A and Party B shall submit a copy of the contract to the local county-level administrative department for industry and commerce for the record, and Party A shall submit it to the Trademark Office for the record.
Party A: (signature and seal) _ _ _ _ _ _ _ _ _
Representative: _ _ _ _ _ _ _ _ _ _ _ _
Address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Postal code: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Representative: _ _ _ _ _ _ _ _ _ _ _ _
Address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Postal code: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Model trademark license contract II
Licensor: _ _ _ (hereinafter referred to as Party A)
Licensee: _ _ _ (hereinafter referred to as Party B)
Through negotiation, Party A and Party B reach the following agreement:
1. Party A allows Party B to use the No.1 trademark, the _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
2. Party B shall pay _ _ _ _ _ _ _ _ _ _ _ _ _ _ to Party A.
3. Party A may/may not use or license the above-mentioned registered trademark to a third party in _ _ _ _ _ _ _ _.
4. Party A guarantees that _ _ _ _ _ _;
5. Party B guarantees that _ _ _ _ _.
This Contract is signed on _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Party A: _ _ _ _ _ (seal) Party B: _ _ _ _ _ (seal)
Person in charge: _ _ _ _ _ (signature) Person in charge: _ _ _ _ _ _ (signature)
Signature time: _ _ _ _ _ _ _
Signing place: _ _ _ _ _ _
Trademark licensing contract filing form
Trademark Office of the State Administration for Industry and Commerce:
A _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ The trademark license contract was signed by both parties through agreement. Please put it on record.
Licensed trademark: (affixed with trademark pattern and stamped by the registrant)
Licensed goods: _ _ _ _
License period: _ _ _ _
See the annex of the license contract for specific license conditions.
Licensor _ _ (Seal) Licensee _ _ (Seal)
Address _ _ _ _ Address _ _ _ _
_ _ _ _ _ _ _ _ _ _ _
Model trademark license contract 3
Party A:
Legal Representative: Position:
Address: Postal Code:
Tel: Fax:
e？ Mail:
Party B:
Legal Representative: Position:
Address:
Telephone:
Fax: Postal Code:
e？ Mail:
Whereas Party A has the exclusive right to use a registered trademark according to law, and the registered trademark has been assessed as a trademark;
In view of Party B's commitment to the special legal services of trademark rights protection (domestic well-known trademarks and provincial famous trademarks), the legitimate rights and interests of Party A's trademarks can be effectively safeguarded nationwide through the China Lawyers' Intellectual Property Rights Protection Business Cooperation Network which Party B joined;
In order to effectively safeguard the legitimate rights and interests of Party A's trademark in the administrative area of People's Republic of China (PRC) (excluding Hong Kong, Macao and Taiwan), Party A and Party B have entered into this contract through friendly negotiation in accordance with relevant laws and regulations, and shall abide by it jointly.
Article 1: Entrusting matters
1. Party A employs Party B as the special legal adviser for trademark rights protection, and comprehensively protects the legitimate rights and interests of Party A's trademark through the administrative region of People's Republic of China (PRC) where the members of the China Lawyers Intellectual Property Rights Protection Business Cooperation Network in all provinces, autonomous regions and municipalities directly under the Central Government are located.
2. The specific matters that Party A entrusts Party B to provide legal services nationwide are as follows:
(1) Infringes and damages the registered trademark of Party A;
(2) Violating the trademark contract signed with Party A;
(3) Other legal services entrusted by Party A. ..
Article 2: Authorized institutions
1. Party A's authorization to Party B is special authorization, that is, Party B has the right to investigate and collect evidence on its behalf and apply for notarization of evidence; Make a claim for compensation and mediate before prosecution; Act as an administrative complaint; Bring a lawsuit on behalf of;
Admit and change the litigation request on behalf of the court and mediate; Representative appeal; On behalf of the application for enforcement and reconciliation; Sign legal documents on behalf of.
2. Party A authorizes Party B to entrust the matters entrusted by Party A to the members of all provinces, autonomous regions and municipalities directly under the Central Government who have joined the China Lawyers' Intellectual Property Rights Protection Business Cooperation Network. Party A requires all entrusted member firms entrusted by Party B to establish good cooperative relations with trademark associations in all provinces, autonomous regions and municipalities directly under the Central Government.
3. When Party B entrusts, it may authorize the trustee specially or generally.
Article 3: Agency Mode
1. The agency mode of Party B's rights protection case is all-insurance agency. That is to say, Party B shall bear all expenses incurred in the process of trademark rights protection, such as handling travel expenses, investigation and evidence collection expenses, purchasing counterfeit trademark products, notarization expenses, notary travel expenses, litigation expenses, property preservation expenses, application execution expenses and other processing expenses (including document printing expenses, photocopying expenses, and file access expenses).
If the expenses mentioned in the preceding paragraph paid by Party B are settled through mediation (including pre-litigation mediation) or court judgment, and the infringer bears the expenses, Party A shall transfer all the expenses to the account designated by Party B within five working days after the expenses are paid to Party A's account.
2. Party B shall bear the responsibility for failing to provide evidence or losing the case. If Party B cannot recover the prepaid expenses due to losing the case or being unable to execute it, Party A will not bear any economic responsibility. If the court decides that Party A shall bear part or all of the litigation costs, Party A need not pay Party B, and Party B shall bear it.
Article 4: Attorney's fees
65438+ 0% of the total compensation actually paid to Party A's account;
2. Other reasonable litigation expenses actually paid to Party A's account; 3. Within five working days after the compensation and other reasonable litigation expenses borne by the infringer are actually paid to Party A's account, Party A shall remit the lawyer's fees and other reasonable litigation expenses due to Party B to the account designated by Party B in one lump sum.
4. The expenses of Party B's special legal counsel shall be negotiated separately by both parties according to Party A's demand for trademark rights protection legal services and the actual effect of Party B's rights protection.
Article 5: Rights and obligations of Party A.
1. Party A has the following rights:
(1) Party A has the right to supervise and guide Party B or the legal services entrusted by Party B;
(2) When Party A discovers that Party B or its entrusting party, including but not limited to malicious collusion with a third party, harms Party A's interests, Party A has the right to unilaterally terminate the entrustment and authorization to Party B, and has the right to pursue the legal responsibilities of Party B and its entrusting party;
2. Party A shall perform the following obligations:
(1) Party A shall promptly inform Party B of the trademark infringement information and other information related to the entrusted matters. Party A shall be legally responsible for the authenticity and legality of the provided evidence materials such as the source of rights and other legal documents;
(2) Party A shall provide Party B with samples of trademark products that need Party B's rights protection, so that Party B can compare and identify counterfeit trademark products.
Article 6: Rights and obligations of Party B
1. Party B has the following rights:
(1) Party B has the right to know the specific characteristics of the trademark entrusted by Party A for rights protection;
(2) Party B has the right to know the clues of trademark infringement held by Party A;
(3) Party B has the right to know other information known by Party A that is beneficial to the protection of Party B's trademark rights.
2. Party B shall perform the following obligations:
(1) Party B shall strictly abide by the lawyer's professional ethics and practice discipline, safeguard the legitimate rights and interests of Party A according to law, and shall not damage Party A's reputation and business reputation in any name or in any way, or maliciously collude with a third party or harm Party A's interests in any other way;
(2) Party B shall promptly notify Party A of the relevant information in the process of trademark rights protection in written form;
(3) Party B shall keep the business secrets of Party A that it knows in the practice.
Article 7: Special Agreement
1. Party A shall mark Party B's name and telephone number for rights protection on the outer packaging of the goods it produces, so as to facilitate Party B's legal services for rights protection.
2. Party B shall publicize the registered trademark products of Party A on * * and release the trademark rights protection information of Party A..
3. When Party B conducts pre-litigation mediation with the infringer or mediation under the auspices of the court, it must obtain the written approval of Party A for the specific compensation amount before reaching a pre-litigation mediation or mediation agreement (unless otherwise agreed by both parties).
4. Party B or the trustee entrusted by Party B shall submit all court judgments, conciliation statements and conciliation statements before litigation to Party A for filing and reference. Party B or the trustee entrusted by Party B shall not reach a mediation with the infringer privately, and shall not collect the property of the infringer privately. Regardless of whether the judgment or mediation (including pre-litigation mediation) is executed, the compensation and other reasonable litigation expenses payable by the infringer must be executed to the account designated by Party A (unless otherwise agreed by both parties).
Article 8: Liability for breach of contract and dispute settlement methods
1. Party A and Party B shall fully perform this contract, and the breaching party shall bear the liability for breach of contract according to law.
2. Any dispute arising from this contract between Party A and Party B shall be settled through negotiation. If negotiation fails, it shall be under the jurisdiction of the people's court where Party A is located.
Article 9: Others
1. The validity of this contract is three years, from year to year. The contract can be renewed after its expiration.
2. For matters not covered in this contract, both parties shall negotiate separately, and the signed supplementary contract shall have the same legal effect as this contract.
3. This contract is made in duplicate, with each party holding one copy.
4. This contract shall come into effect after being signed or sealed by both parties.
Party A: Party B:
Legal representative:
Year, month, sun, moon, sun.
Model Trademark License Contract 4
Entrusting Party (Party A) _ _ _ _ _ _
Organizer (Party B) _ _ _ _ _ _
1. After Party B designs the company logo according to the requirements of Party A, Party A shall arrange the trademark registration of the new design logo as soon as possible (for _ _ _ _ months).
2. If Party A is rejected by the Trademark Office in the process of trademark registration, Party B has the responsibility to unconditionally redesign the satisfactory logo scheme for Party A. ..
3. If the logo designed by Party B for Party A can't be used after the trademark registration, and it is sued by other companies for infringement during the use, Party B has the responsibility to unconditionally redesign a satisfactory logo scheme for Party A, but it will not bear any legal responsibilities caused by infringement.
Four. For the logo adopted by Party A, Party B has complete intellectual property rights and Party A has complete copyright, but Party B reserves the right to participate and choose to use it. If the logo registration is unsuccessful, Party A will be responsible for the loss of photo album, vi manual and pre-vi application, and Party A will pay all expenses to Party B according to the formal contract.
This agreement was signed on _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ The interpretation, validity and performance of this Agreement shall be governed by the laws and regulations of China.
Party A (seal) _ _ _ _ _ _ _ _ _
Legal representative (signature) _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Signing place: _ _ _ _ _ _ _ _ _ _ _ _
Party B (Seal) _ _ _ _ _ _ _ _ _
Legal representative (signature) _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Signing place: _ _ _ _ _ _ _ _ _ _ _ _
Model Trademark License Contract 5
Headquarters: _ _ _ _ _ _. Franchisee (branch): _ _ _ _ _ _.
In order to standardize the trademark licensing behavior of the franchise system and maintain the image and reputation of the franchise system, according to the franchise contract reached between the headquarters (branch) and the branch (franchisee) on _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
I. Licensed trademarks
The trademark name used by the licensed branch (franchisee) of the headquarters is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Name of trademark registrant: _ _ _ _ _ _.
Address of trademark registrant: _ _ _ _ _ _.
Second, the way to use the license
The headquarters authorizes the franchisee to use the trademark specified in this agreement in an exclusive (exclusive/ordinary) way in the licensed area.
Three. Permitted use scope
The trademark licensed by the head office to the franchisee is limited to _ _ _ _ _ _ _ _ types of goods (or service types and names), and shall be used according to the types of goods designated by the head office, and the head office has the right to adjust the types of goods used.
Four. Permitted area
The geographical scope of the trademark licensed by the headquarters to the franchisee is the franchise area agreed in the franchise contract, and shall meet the following requirements:
(1) Signs, signs, articles and commodity varieties used by franchisees designated by the headquarters;
(2) The customers of commodity sales are limited to enterprises or enterprise branches registered in the franchise area;
(3)_________。
Verb (abbreviation for verb) license period
The term of use of the trademark licensed by the headquarters to the franchisee shall be determined according to the following item _ _ _ _ _ _ _:
(1) is the same as the franchise contract;
(2) The execution period shall be implemented according to the notice of the headquarters;
(3) Limited to use within the period of _ _ _ _ _ _.
Trademark renewal of intransitive verbs
If the Trademark Office decides to cancel the registration of the licensed trademark in this agreement because the head office has obtained registration in violation of the provisions of the Trademark Law, regardless of whether the head office replaces the licensed trademark with any trademark, it has the right to terminate this contract. Unless the franchisee expressly agrees, the head office (branch) shall return _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
During the performance of the franchise contract, the head office shall not (or may) use a new trademark to replace the trademark permitted by this agreement, except that the head office makes reasonable changes to the trademark on the basis of the existing trademark and does not have a significant public impact on trademark identification.
No matter how the trademark is changed for any reason, the expenses for changing the signboard and _ _ _ _ _ _ _ _ _ shall be borne by _ _ _ _.
Seven. Commodity quality assurance
When using the trademark, the franchisee shall implement the product quality standards in accordance with the franchise contract and this agreement, and shall ensure that the product quality meets the requirements of national laws and headquarters.
(1) The headquarters (branch) provides samples of goods to franchisees and provides technical guidance on manufacturing;
(2) The headquarters (branches) can supervise the production of franchisees and have the right to check the production and product quality of franchisees;
(3)_________。
Eight. trademark renewal
The head office shall ensure that the trademark renewal procedures and other registration procedures to ensure the legality of goods are fulfilled, including the product's origin mark and _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Nine, license fee
The trademark license fee payable by Party A has been included in the paid franchise fee, and no additional fee will be charged. or
The franchisee shall pay the trademark license fee to the head office (branch) according to the standard of _ _ _ _ _ _ _ _, and pay it together with the franchise fee on a monthly (quarterly) basis within the time limit stipulated in the franchise contract.
X. Trademark assignment
Except for the transfer of the licensed trademark under this agreement, the head office transfers the licensed trademark under this agreement, and the franchisee has no right to terminate the franchise contract.
XI。 responsibility for breach of contract
In case of any of the following breach of contract, a franchise store shall be liable for breach of contract in accordance with the following provisions, in addition to compensation for losses in accordance with the provisions of the Trademark Law:
(1) If the licensed trademark is used for products beyond the scope specified in this agreement, the calculation method for paying the liquidated damages is: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _;
(2) If the products using the licensed trademark are sold through channels other than the franchised stores, the calculation method for paying the liquidated damages is: _ _ _ _ _ _ _ _ _ _ _ _ _;
(3) If the products using the licensed trademark are sold to enterprises or enterprise branches that are not registered in the licensed area, the calculation method for paying the liquidated damages is: _ _ _ _ _ _ _ _ _ _ _;
(4) If the licensed trademark is used to sell products that do not meet the quality requirements, the calculation method for paying liquidated damages is: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _;
(5)_________。
If the headquarters (branch) commits any of the following breach of contract, it shall be liable for breach of contract according to the following provisions:
(1) If the head office fails to renew the trademark registration period as required, which leads to the early termination of the trademark license, the calculation method of loss compensation is: _ _ _ _ _ _ _ _ _ _ _ _ _;
(2) If the licensed trademark is transferred to a third party, which leads to the early termination of the licensed trademark, the calculation method of loss compensation is: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
(3)_________。
Twelve. legal nexus
The rights and obligations of the Head Office under this Agreement shall be actually enjoyed or assumed by the branches. The Franchisee may claim rights from the branch according to this agreement, but shall not claim any rights directly from the head office according to this agreement.
When the head office deems it necessary, it may directly claim rights from the franchisees according to this agreement, including the right to directly exercise the claim right and the right to punish the franchisees for violating this agreement, unless the franchisees have fully fulfilled their compensation obligations according to this agreement.
Without the consent of the head office, the branch shall not waive the right to claim compensation for the franchise stores, otherwise its behavior will be invalid, and the head office has the right to claim all or part of the rights waived by the branch according to this agreement.
Thirteen. Agreement text
This agreement is signed in the form of _ _ _ _ _ _ _ _ _ _
Fourteen put forward
The trademark license agreement shall be filed by the head office, and the filing fee shall be borne by the head office. The franchisee is responsible for sending it to the local administrative department for industry and commerce for the record.
Where the trademark administration department requests to use its uniformly printed format text for filing, it shall fill in the filing text according to the contents of this agreement, but this agreement shall prevail when implementing it.
Headquarters: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Franchisee: _ _ _ _ _ _ _ _ _ _
Legal representative (signature): _ _ _ _ _ Legal representative (signature): _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _