Trademark License Agreement
Exhibit 10.8
(English Summary)
Licensor: Xx. Xx Changjun
ID Number: 23028119720924043X
Licensee: the Company
Registered Address: Xx.0 Xxxxxxxx Xxxx, Xxxx-Xxxx Xxxx, Xxxxxx Xxxx, Xxxxxxxxxxxx
Telephone: 0000-0000000
Whereas,
Licensor has applied to the Trademark Office for registration of such trademark and has passed the initial examination on 13 March 2008; the trademark will be publicized on the Official Gazette on 14 June 2008.
In accordance with Article 40 of PRC Trademark Law and Article 43 of the Implementation Rules of the PRC Trademark Law, the Parties, through amicable negotiation, entered into this Agreement on 16 May, 2008 at Daqing Heilongjiang, PRC with regard to the trademark license issues:
I. The Trademark To Be Licensed: “农珍之冠”
II. Specimen of the Trademark: (provided by the Assignor and certified with his seal)
III. Application/Register Number: 4894199
Country of Registry: PRC
IV. Effective Term of the Trademark: from 14 June 2008 to 13 June 2018;
V. Class of Goods:
Licensor shall grant the license to Licensee for using the Trademark on goods in class 29.
VI. Condition Precedent of the License:
The Trademark is registered and a registration certificate is obtained; the Licensor warrants that it is the lawful owner of the Trademark.
VII. License Term:
From June 14, 2008 to the date when the Trademark Office approves the assignment of ownership applied by the parties.
VIII. Type of License: Exclusive License
IX. License Fees: the Trademark is licensed to the Company for RMB one yuan.
X. Rights and Obligations of the Parties:
1.
Licensee shall be entitled to exclusively use the Trademark under the Agreement;
2.
Licensor has right to supervise the quality of the Licensee’s products bearing the Trademark, and the Licensee shall guarantee the quality of such products;
3.
Licensee shall xxxx its company name and product origin on its products;
4.
Licensee shall not change the wording, image, or the combination thereof, of the Trademark, and nor shall it use the Trademark beyond the registered class for the Trademark;
5.
Without authorization of the Licensor, the Licensee shall not license the Trademark to any third party.
XI. Breach of Agreement:
The breaching party shall be liable to any damages caused to the non-breaching party.
XII. Dispute Resolution:
Any dispute arising out of the Agreement shall be amicably negotiated between the Parties. If no settlement is reach by such negotiation, either Party is entitled to bring the dispute to the court with proper jurisdiction.
XIII. Miscellaneous:
The Agreement will be executed in five counterparts which are equally binding. The Licensee shall file the Agreement with the Trademark Office after the execution date of the Agreement.
Execution:
Licensor: Yu Changjun
Signature:
Licensee: the Company
Authorized Representative: Shi Jinglin
Date: 16 May 2008
