Trademark Transfer Agreement
This
Agreement is made and entered into on December 3, 2007
in Yiyang City, Jiangxi Province ,China, by and between the following
parties:
Transferor:
Jiangxi
Xxxxxx Xxxx Copper Co., Ltd.
Registered
business address: Gejiaba, Huating Town, Yiyang County
Transferee:
Jiangxi
Xxxxxx Star Copper Technology Co., Ltd.
Registered
business address: Fengze Mall, Guangchang Road, Yijiang Town, Yiyang County,
Jiangxi Province.
After
consultation, Transferor and Transferee agree that:
1.
The
trademark to be transferred named “富爵FURDHER”, the design is ( Design is
attached here and sealed by Transferor). It was registered on the following
products (Serial No.11): Bathroom equipment, flushing device and washing
equipment, the registration number is No. 3512752, registered by the Transferor,
and the valid period is from 2005-1-28 to 2015-1-27, in P.R.C.
2.
Transferor guarantees that it is the owner of the trademark aforesaid. No
non-exclusive or exclusive authorized use agreement was signed before this
agreement.
3.
The
rights of the Transferee after the transference
3.1
This
trademark may be used on the following products (or service): Serial
No.11.
3.2
This
trademark may be used in the following geographical
area:____________
4.
The
transference of the trademark is permanent.
5.
The
date of the transference: the date when this agreement comes into effect,
or the
procedure of registration modification finishes, the trademark is formally
transferred to transferee.
6.
The
procedure of registration modification: Transferor shall handle the procedure
of
registration modification when this agreement becomes effective, the necessary
expense to modify the registration shall be burdened by Transferee.
7.
The
guarantee of the product’s quality: Transferor requires the Transferee
guarantees that the quality of trademark product shall no lower than it was
before. Transferor shall supply Transferee with the product sample,
technological guidance or recipe (both parties may sign a technology transfer
agreement), product’s manual, package and reparation skill. If it is necessary,
Transferor shall supply Transferee a list of the clients who frequently
purchased the products.
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8.
Each
party shall bear the obligation to keep the other party’s operation as a secret.
During or beyond the period of this agreement, Transferee shall not release
the
technology secret and business secret, which were transferred with the trademark
by Transferor.
9.
Transferor shall guarantee that the transferred trademark is a valid trademark,
and no third party possesses the ownership of the trademark.
10.
The
assignment fee and payment:
10,1
The
assignment fee is totally RMB 10,000.00 (ten thousand) Yuan, in accordance
with
the transferred rights.
10.2
The
payment shall be paid by cash.
10.3
The
payment shall be paid within 10 days after this agreement becomes
valid.
11.
Transferor guarantees that, unless permitted by Transferee in written form,
it
shall not register a similar or resemble trademark in the same geographical
area, nor deal with the activities to compete with production and sales of
the
trademark product, during the valid period of the agreement.
12.
Breach of the Contract Responsibilities:
12.1
Transferor shall stop using this trademark and take the responsibility, if
it
breaks the rules of this agreement and continues to use the trademark on
its
products without written permission from Transferee.
12.2
Transferor may refuse to transfer the ownership of the trademark and notice
to
cancel this agreement, if Transferee does not pay the assignment fee within
the
agreed period.
13.
Settlement
of Disputes
Any
disputes under the agreement shall be settled at first through friendly
consultation between the parties hereto. In case no settlement can be reached
through consultation, the disputes shall be submitted to CHINA INTERNATIONAL
ECONOMIC AND TRADE ARBITRATION COMMISSION and arbitrated in Beijing. The
arbitration is a final arbitration that binds both parties.
14.
This
agreement becomes valid from the date it is signed. However, this agreement
would be invalid if the transfer application is not ratified by Trademark
Bureau
of State Administration of Industry and Commerce, the responsibility would
be
taken by each party accordingly.
[No
Text Below]
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〔Signature
Page〕
Transferor:
Jiangxi Xxxxxx Xxxx Copper Co., Ltd. (seal)
Legal
Representative (signature): /s/ Xx Xxxxxx
Transferee:
Jiangxi Xxxxxx Star Copper Technology Co., Ltd. (seal):
Authorized
Representative (signature): /s/ Xx Xxxxxx
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