What Is Trademark Licensing?
A trademark registrant may sign a trademark license contract to authorize others to use its registered trademark. The trademark license contract shall be filed with the Trademark Office
Trademark license
- A trademark registrant may sign a trademark license contract to authorize others to use its registered trademark. A trademark license contract shall be filed with the Trademark Office.
- I. Exclusive Use License
- The exclusive use license of a trademark right means that the trademark registrant licenses the registered trademark to only one licensee during the agreed period, region and in the agreed manner, and the trademark registrant shall not use the registered trademark in accordance with the agreement. The licensee of the exclusive use license obtains the exclusive use right of the registered trademark within the time and area agreed in the contract, and also obtains independent litigation rights, that is, during the validity of the contract, it is found that others infringe the trademark within the area of the trademark license. For registered trademarks, the licensee of the exclusive use license has the right to request the administrative department for industry and commerce to deal with it or file a lawsuit in the people's court. Of course, the licensee can also obtain relief with the trademark owner.
- Exclusive license
- The exclusive use permission of a trademark right means that the trademark registrant licenses the registered trademark to only one licensee during the agreed period, region, and in the agreed manner. The trademark registrant may use the registered trademark without permission Others use the registered trademark. The licensee of the exclusive use license is the only licensee within the scope of the contract authorization, but it cannot exclude the trademark owner himself from using the registered trademark within the contracted period and region. The licensee of the licensee for exclusive use is less than the licensee for exclusive use. As an interested party of the registered trademark, when the infringement is found, he or she can request the administrative department for industry and commerce to deal with it alone or with the trademark owner, or Trademark rights holders jointly sue, but only if the trademark rights holder does not sue, can the lawsuit be filed separately with the people's court.
- Third, the general license
- The exclusive use of trademark rights, and general use licenses, mean that the trademark registrant permits others to use their registered trademark within the agreed period, region and in the agreed manner, and can use the registered trademark and authorize others to use its registered trademark. There may be multiple licensees for the trademark's general license within the scope of the contract. The licensee for the general license cannot exclude the trademark owner and other licensees in the contractually agreed manner and within the scope of the contract. Use this registered trademark. The licensee of a general license, as an interested party of the registered trademark, may, when discovering an infringement, alone or together with the trademark owner, ask the administrative department for industry and commerce to deal with it, but only with the explicit authorization of the trademark owner The people's court filed a lawsuit.
- Where a trademark agency is entrusted to handle the filing of a trademark license contract, the applicant may voluntarily choose any nationally recognized trademark agency to do so.
- If the applicant goes directly to the Trademark Registration Hall to apply for a trademark registration, the applicant can follow the steps below: Prepare application documents Submit the application documents at the Trademark Registration Hall reception window Enter the barcode on the coding window Pay at the payment window Recording fees Receive notification of registration of trademark license contract.
- I. Application documents to be submitted
- (1) For a licensee to use a registered trademark, an application for filing a trademark license contract shall be submitted.
- (2) Where the applicant is a natural person, a copy of a valid certificate (such as an ID card) that can prove his identity should be submitted.
- (3) A copy of the trademark license contract, or a notarized copy of the trademark license contract (this document is not required to be provided at the time of filing at the Trademark Office).
- (4) If the contract language is in a foreign language, a corresponding Chinese translation shall be attached.
- (5) Where a trademark agency is entrusted to handle it, a power of attorney for the trademark agency shall also be submitted.
- Specific requirements
- (1) All written documents shall be neat and clear, and the application for record filing shall be printed with a typewriter.
- (2) The parties to a license contract must affix their respective seals to the contract, and those without a seal shall be signed by the legal representative.
- (3) The application form should meet the following requirements:
- 1. The name of the licensor, registration certificate number, product or service name on the application form should be the same as the name, registration certificate number, and commodity of the registrant on the Trademark Registration Certificate.
- Or the service name is exactly the same.
- 2. The licensed products shall not exceed the scope of products approved for use in the Trademark Registration Certificate.
- 3. The period of license use shall not exceed the validity period on the Trademark Registration Certificate.
- Third, the trademark license contract must have the following provisions:
- (1) The name of the licensed trademark and its registration certificate number.
- (2) Scope of goods and services permitted.
- (3) Duration of the license.
- (4) Provision of the registered trademark logo used by the licensee.
- (5) Provisions for the licensor to supervise the product quality of the licensee's use of its registered trademark.
- (6) The terms on which the licensee indicates the licensee's name and the place of origin of the goods on the goods under the license mark.