{"id":42188,"date":"2015-09-17T11:25:58","date_gmt":"2015-09-17T16:25:58","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-legal\/contracts\/uncategorized\/contract-on-termination-of-the-trademark-licensing-china.html"},"modified":"2015-09-17T11:25:58","modified_gmt":"2015-09-17T16:25:58","slug":"contract-on-termination-of-the-trademark-licensing-china","status":"publish","type":"corporate_contracts","link":"https:\/\/corporate.findlaw.com\/contracts\/operations\/contract-on-termination-of-the-trademark-licensing-china.html","title":{"rendered":"Contract on Termination of the Trademark Licensing &#8211; China Telecommunications Corp. and China Mobile (Hong Kong) Ltd."},"content":{"rendered":"<pre>               CONTRACT ON TERMINATION OF THE TRADEMARK LICENSING\n\n\n\n                                     BETWEEN\n\n\n                      CHINA TELECOMMUNICATIONS CORPORATION\n                               (FORMERLY KNOWN AS\n                   DIRECTORATE GENERAL OF TELECOMMUNICATIONS)\n\n\n                                       AND\n\n\n                        CHINA MOBILE (HONG KONG) LIMITED\n              (FORMERLY KNOWN AS CHINA TELECOM (HONG KONG) LIMITED)\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n                         DATED AS OF SEPTEMBER 15, 2000\n\n   2\n\n               CONTRACT ON TERMINATION OF THE TRADEMARK LICENSING\n\n            This Contract on Termination of the Trademark Licensing (the\n\"Contract\") is executed by the following two parties on September 15, 2000 in\nBeijing:\n\n1.       CHINA TELECOMMUNICATIONS CORPORATION (formerly known as Directorate\n         General of Telecommunications), an enterprise legal person duly\n         registered and established and validly existing under the laws of the\n         People's Republic of China, with its legal address at No. 33 Erlong Lu,\n         Xicheng District, Beijing, PRC (\"Party A\"); and\n\n2.       CHINA MOBILE (HONG KONG) LIMITED (formerly known as China Telecom (Hong\n         Kong) Limited), a limited liability company duly registered and\n         established and validly existing under the laws of Hong Kong, with its\n         legal address at 60th Floor, The Center, 99 Queen's Road Central, Hong\n         Kong (\"Party B\").\n\nWHEREAS:\n\n1. Party A is the legal owner of the Licensed Trademark (as defined herein).\n\n2. Pursuant to the \"Trademark License Agreement\" (\"the Original Agreement\")\n   entered into by Party A and Party B on September 27, 1997, Party A agreed to\n   grant Party B and Party B's two subsidiaries, namely Guangdong Mobile\n   Communication Company Limited (\"Guangdong Mobile\") and Zhejiang Mobile\n   Communication Company Limited (\"Zhejiang Mobile\"), the right to use the\n   Licensed Trademark during the license term agreed upon in the Original\n   Agreement;\n\n3. Pursuant to the \"Supplementary Trademark License Agreement\" (the \"First\n   Supplementary Agreement\") entered into by Party A and Party B on April 27,\n   1998, Party A agreed that Party B may grant to its indirect wholly-owned\n   subsidiary, Jiangsu Mobile Communication Company Limited (\"Jiangsu Mobile\"),\n   the right to use the Licensed Trademark during the license term agreed upon\n   in the First Supplementary Agreement;\n\n4. Pursuant to the \"Supplementary Trademark License Agreement\" (the \"Second\n   Supplementary Agreement\") entered into by Party A and Party B on March 8,\n   1999, Party A agreed that Party B may use Party A's Licensed Trademark in\n   accordance with the terms and conditions agreed upon in the Second\n   Supplementary Agreement.\n\n5. Pursuant to the \"Supplementary Trademark License Agreement\" (the \"Third\n   Supplementary Agreement\") entered into by Party A and Party B on October 8,\n   1999, Party A agreed that Party B may grant to its indirect wholly-owned\n   subsidiaries, namely Fujian Mobile Communication Company Limited (\"Fujian\n   Mobile\"), Henan Mobile Communication Company Limited (\"Henan Mobile\") and\n   Hainan Mobile Communication Company Limited (\"Hainan Mobile\"), the right to\n   use the Licensed Trademark during the license term agreed upon in the Third\n   Supplementary Agreement;\n\n\n                                       1\n   3\n\n6. In view of the business development of Party B and of its subsidiaries,\n   namely Guangdong Mobile, Zhejiang Mobile, Jiangsu Mobile, Fujian Mobile,\n   Henan Mobile and Hainan Mobile, and in accordance with the relevant\n   provisions of the Original Agreement, the First Supplementary Agreement, the\n   Second Supplementary Agreement and the Third Supplementary Agreement, Party B\n   now wishes, and Party A agrees, to terminate the Original Agreement, the\n   First Supplementary Agreement, the Second Supplementary Agreement and the\n   Third Supplementary Agreement.\n\n            The Parties, through friendly consultations, have reached the\nfollowing agreement with regard to the termination of the Original Agreement,\nthe First Supplementary Agreement, the Second Supplementary Agreement and the\nThird Supplementary Agreement:\n\nARTICLE ONE  DEFINITION OF LICENSED TRADEMARK\n\n            Licensed Trademark means the trademark illustrated in Schedule 1 of\nthe Original Agreement, which trademark Party A has registered with the State\nTrademark Bureau under the State Administration of Industry and Commerce (the\n\"State Trademark Bureau\") and in respect of which Party A has obtained the\nTrademark Registration Certificate, and all the trademarks registered by Party A\nin the Hong Kong Special Administrative Region as set out in Schedule 8 attached\nto the prospectus circulated by Party B on October 13, 1997 in the Hong Kong\nSpecial Administrative Region.\n\nARTICLE TWO  TERMINATION OF LICENSE\n\n            The Parties, through consultations, have agreed to terminate, on the\ndate when the Contract comes into effect, the Original Agreement, the First\nSupplementary Agreement, the Second Supplementary Agreement and the Third\nSupplementary Agreement, as well as all of the Parties' rights and obligations\nunder each of the Original Agreement, the First Supplementary Agreement, the\nSecond Supplementary Agreement and the Third Supplementary Agreement.\nAccordingly, starting from the date when the Contract comes into effect, Party B\nand its subsidiaries, namely Guangdong Mobile, Zhejiang Mobile, Jiangsu Mobile,\nFujian Mobile, Henan Mobile and Hainan Mobile, shall cease the use of the\nLicensed Trademark.\n\nARTICLE THREE  EFFECTIVENESS\n\n            The Contract shall come into effect upon execution, or affixing with\nthe official seals, by the authorized representatives of both Parties.\n\nARTICLE FOUR  RESOLUTION OF DISPUTE; GOVERNING LAW\n\n            The execution, validity, interpretation and performance of the\nContract shall be governed by the laws of the People's Republic of China. Any\ndispute arising from or in connection with the validity, interpretation or\nperformance of the Contract, the Original Agreement, the First Supplementary\nAgreement, the Second Supplementary Agreement and the Third Supplementary\nAgreement shall be resolved by the Parties through friendly negotiations. In the\nevent that negotiations produce no resolution,\n\n                                       2\n   4\n         either Party may submit such dispute to China International Economic\n         and Trade Arbitration Commission for arbitration in accordance with its\n         then effective arbitration rules in Beijing. The arbitration shall be\n         conducted in the Chinese language. The award of such arbitration shall\n         be final and binding on both Parties.\n\nARTICLE FIVE  MISCELLANEOUS\n\n5.1  The Contract is signed in Chinese in six counterparts. Party A will keep\n     four copies and Party B will keep two. Party A shall file one of its copies\n     with the Ministry of Information Industry. All original copies shall have\n     the same force and effect.\n\n5.2  Within 15 days after the Contract comes into effect, Party A shall file\n     with the State Administration of Industry and Commerce and the State\n     Trademark Bureau documents relating to the termination of the Original\n     Agreement, the First Supplementary Agreement, the Second Supplementary\n     Agreement and the Third Supplementary Agreement. Party B shall render all\n     necessary assistance.\n\n\n            IN WITNESS WHEREOF, the Parties have caused the Contract to be\nsigned by their duly authorized representatives on the date first above written.\n\nPARTY A:  CHINA TELECOMMUNICATIONS CORPORATION\n\n\nBy:    s\/Chang Xiaobing\n       -------------------------\n       Authorized Representative\n       Title: Vice President\n\n\nPARTY B:  CHINA MOBILE (HONG KONG) LIMITED\n\nBy:  s\/Wang Xiaochu\n     -------------------------\n     Authorized Representative\n     Title: Chairman &amp; CEO\n\n\n                                       3\n<\/pre>\n","protected":false},"template":"","meta":{"_acf_changed":false,"_stopmodifiedupdate":true,"_modified_date":"","_cloudinary_featured_overwrite":false},"corporate_contracts_companies":[],"corporate_contracts_industries":[9519],"corporate_contracts_types":[9613,9616],"class_list":["post-42188","corporate_contracts","type-corporate_contracts","status-publish","hentry","corporate_contracts_industries-telecommunications__telephone","corporate_contracts_types-operations","corporate_contracts_types-operations__ip"],"acf":[],"_links":{"self":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts\/42188","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts"}],"about":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/types\/corporate_contracts"}],"wp:attachment":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/media?parent=42188"}],"wp:term":[{"taxonomy":"corporate_contracts_companies","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_companies?post=42188"},{"taxonomy":"corporate_contracts_industries","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_industries?post=42188"},{"taxonomy":"corporate_contracts_types","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_types?post=42188"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}