1. Trademark Law, what are the provisions for licensing the use of registered trademarks
1. The regulations on license for registered trademark use are as follows:
(1) A trademark registrant can license others to use its registered trademark by signing a trademark license contract.
(2) License others to use its registered trademark. The licensor shall supervise the quality of the goods used by the licensee using its registered trademark. The licensee shall ensure the quality of the goods using the registered trademark.
(3) If the registered trademark of another person is used with permission, the name of the licensee and the origin of the goods must be marked on the goods using the registered trademark.
(4) When permitting others to use its registered trademark, the licensor shall report its trademark use license to the Trademark Office for record, and the Trademark Office shall announce it. The trademark use license shall not be used against bona fide third parties without registration.
2. Legal basis: "Trademark Law of the People's Republic of China"
35 If an objection is raised against a trademark that has been initially approved and announced, the Trademark Office shall listen to the facts and reasons stated by the opponent and the person being opposed, and after investigation and verification, make a decision on whether to approve registration within twelve months from the expiration date of the announcement. , and notify the opponent and the respondent in writing. If there are special circumstances that require an extension, it can be extended for six months with the approval of the industrial and commercial administration department of the State Council.
If the Trademark Office makes a decision to approve registration, it will issue a trademark registration certificate and make an announcement. If the opponent is dissatisfied, he may request the Trademark Review and Adjudication Board to declare the registered trademark invalid in accordance with the provisions of Articles 44 and 45 of this Law.
If the Trademark Office makes a decision not to register and the opponent is dissatisfied, the party may start from the date of receipt of the notice.Apply to the Trademark Review and Adjudication Board for review within fifteen days. The Trademark Review and Adjudication Board shall make a review decision within twelve months from the date of receipt of the application, and notify the opponent and the opposed party in writing. If there are special circumstances that require an extension, it can be extended for six months with the approval of the industrial and commercial administration department of the State Council. If the opposed party is dissatisfied with the decision of the Trademark Review and Adjudication Board, it may file a lawsuit with the People's Court within thirty days from the date of receipt of the notice. The people's court shall notify the opponent to participate in the litigation as a third party.
In the process of reexamination by the Trademark Review and Adjudication Board in accordance with the provisions of the preceding paragraph, the determination of the prior rights involved must be based on the fact that it is being heard by the people's court or being handled by the administrative agency. The review may be suspended based on the outcome of another case. After the reasons for the suspension are eliminated, the review process should be resumed.
2. There are three types of trademark use licenses
1. Ordinary license: "small profits but quick turnover" form
That is, the licensor allows the licensee The person shall use the registered trademark under the contract within the specified geographical scope. At the same time, the licensor reserves the right to use the registered trademark within the region and to grant third parties the right to use the registered trademark.
For the licensee, the right to use the trademark obtained is non-exclusive. Therefore, if the registered trademark involved in the contract is used by a third party without authorization, the licensee shall Generally, you are not allowed to sue the infringer in your own name, but you can only inform the licensor of the relevant situation, and the licensor will take necessary measures against the infringement.
2. Exclusive license: can resist the exclusive use of the trademark owner
That is, the provisions Within the geographical scope, the licensee shall have the exclusive right to use the registered trademark authorized for use. The licensor may not license the same trademark to a third party, nor may the licensor itself use the trademark in the region. The legal status of the licensee is equivalent to that of a "quasi-trademark owner". When trademark infringement is discovered within the specified territory, the licensee can directly sue the infringer as an "interested party".
3. Exclusive license: parallel use by the trademark owner and the licensee
In In this case, in addition to the licensor granting the licensee the right to use its registered trademark, the licensee may also enjoy the right to excludeThe right of use by third parties. That is, the licensor may not grant the same license to any third party, but the licensor retains its own right to use the same registered trademark. An exclusive license simply excludes third parties from using the trademark in that territory. When the exclusive right to use a registered trademark is infringed, the licensee of the exclusive license contract may file a lawsuit jointly with the trademark registrant, or he may file a lawsuit on his own if the trademark registrant does not file a lawsuit.
According to the provisions of the Trademark Law, a trademark registrant can license others to use its registered trademark by signing a trademark license contract. If the licensor permits others to use its registered trademark, the licensor shall submit its trademark use license to the Trademark Office for record, and the Trademark Office shall announce it. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.
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