Can a trademark license contract not be filed with the Trademark Office be used against a bona fide third party
According to the Trademark Law and relevant According to the provisions of the law, the trademark license contract must be reported to the Trademark Office for filing. If a trademark license contract is not filed with the Trademark Office, it may not be used against a bona fide third party.
my country's "Trademark Law" does not stipulate that if a trademark license contract is not filed, the license contract between the two parties will be invalid. In addition, the licensing contract is submitted for review and filing mainly for the third party's review and publicity, and for the benefit of the third party. Therefore, the trademark licensing contract is not submitted for review and filing. , the rights acquired by the licensee under this contract cannot be used against third parties. In terms of civil law practice, in addition to expressly stipulated in the law that submission for inspection and filing is a condition for the validity of a contract, the consequences of failure to submit for inspection and filing in accordance with the law are generally determined to be inability to fight against a third party. Such a treatment will not be detrimental to either the parties to the contract or the third party, nor will it affect the administrative authorities' pursuit of the administrative responsibilities of both parties to the contract.
Article 43 A trademark registrant may license others to use its registered trademark by signing a trademark license contract. 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. If a registered trademark of another is used with permission, the name of the licensee and the place of origin of the goods must be marked on the goods using the registered trademark. 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. The trademark use license shall not be used against bona fide third parties without registration.
The above is the relevant knowledge about the above issues compiled by Hualu editor for you. This website provides you with professional lawyer consultation. If you have any questions, Welcome to the Legal Savior Network for consultation.
