Latest trademark transfer contract drafting service in 2024

Drafting trademark transfer contracts is an important step to help businesses protect their rights and intellectual property when transferring the right to use or own a trademark. With professional services, you will be guaranteed clear, legal terms and in accordance with current regulations, helping the transfer process go smoothly, safely, and minimizing legal risks. Please refer to the following article by Long Phan.

The time to establish Trademark Ownership

Pursuant to Point a, Clause 3, Article 6 of the Law on Intellectual Property 2005, amended in 2022, trademark ownership is established from the time of the decision to grant a protection certificate by a competent state agency according to registration procedures prescribed in this Law or recognition of international registration according to international treaties to which the Socialist Republic of Vietnam is a member. Industrial property rights to famous trademarks are established on the basis of use, regardless of registration procedures.

Conditions for trademark transfer

Pursuant to Clause 2, Article 138, Clause 4 and Clause 5, Article 139 of the Law on Intellectual Property 2005, amended in 2022, the conditions for trademark transfer are:

• Trademark transfer must be done in the form of a written contract;
• Trademark owners may only transfer their rights within the scope of protection;
• The transfer of trademark rights must not cause confusion about the characteristics and origin of the goods or services bearing the mark;
• Trademark rights can only be transferred to organizations and individuals that meet the conditions for those who have the right to register that trademark.

Notes when drafting a trademark transfer contract in 2024

When drafting a trademark transfer contract, you need to pay attention to the following important points:

• Information of parties: Clearly state complete information of the transferor and transferee, including name, address, tax code, and contact information.
• Trademark description: Need a detailed description of the transferred trademark, including images, brand name, and other related information.
• Rights and obligations: Clearly state the rights and obligations of the parties, including the right to use the trademark, responsibility to protect the trademark, and payment obligations.
• Transfer value: Determine the brand transfer value, payment method and payment term.
• Contract term: Specify the effective time of the contract and conditions for extension, if any.
• Transfer conditions: Specify the conditions that the transferor must meet before making the transfer.
• Dispute resolution: Offers methods to resolve disputes, including negotiation, mediation, or litigation in court.
• Confidentiality clause: If necessary, add information confidentiality clauses related to trademarks and contracts.
• Signature and confirmation: Ensure that both parties sign the contract and may have a third-party attestation if necessary.
• Consult the law: You should consult the law related to intellectual property to ensure the legality of the contract.

Make sure that the contract is clear, detailed, and in accordance with the law to avoid future legal risks.

Latest brand transfer contract form 2024

Currently, intellectual property law does not have an official trademark transfer contract form, so the content and presentation of the trademark transfer contract will be established by agreement between the parties. Below, Long Phan will provide the latest brand transfer contract form 2024.

>> Download the trademark transfer contract form here

Consulting services and support for drafting trademark transfer contracts according to 2024 legal regulations

Long Phan’s consulting and support services for drafting trademark transfer contracts will assist you in building accurate, complete contracts and complying with the latest legal regulations in 2024.

• Detailed consultation on ownership and rights to use trademarks.
• Drafting trademark transfer contracts.
• Check the legality of the trademark, and make sure the trademark being transferred has sufficient legal conditions.
• Support in filing documents and working with the Intellectual Property Office to register trademark transfer.
• Consulting on protecting rights during the transfer process and preventing legal risks.
• Analyze and evaluate risks of conflicts with registered trademarks.
• Support in signing and notarizing trademark transfer contracts.

Long Phan is proud to be your trusted partner in protecting intellectual property. We are committed to providing dedicated, professional service, helping you transfer your trademark quickly, legally, and safely. Please contact Long Phan immediately via the hotline 0906735386 to receive detailed advice and support in completing your trademark transfer contract in accordance with the 2024 law.