Can the right to use trademarks be given away
Use of trademarks It can be used by the trademark owner alone, or it can be used by a third party other than the trademark owner with permission. The Trademark Law stipulates that a trademark registrant can license others to use its registered trademark by signing a trademark license contract. The trademark license contract must be filed with the Trademark Office within 3 months from the date of signing. An enterprise allows others to use a registered trademark, usually by entering into a licensing contract, that is, issuing a license. In a licensing relationship, the trademark owner or the person authorized to use the trademark is the licensor, and the other party is the licensee.
In practice, some trademark license contracts are independent Licensing agreements also include quite a few trademark licensing terms included in other contracts, such as trademark usage provisions attached to contracts such as technology transfer and franchising. When signing a trademark use agreement, enterprises may consider choosing one of the following three types: Ordinary licensing is a form of "small profits but quick turnover". The licensor allows the licensee to use the registered trademark under the contract within the specified geographical scope. .
At the same time, the licensor retains the right to use the registered trademark within the region and to grant third parties the right to use the registered trademark. An exclusive license is the concurrent use of the trademark owner and the licensee. In this case, in addition to the licensor giving the licensee the right to use its registered trademark, the licensee may also enjoy the right to exclude third parties from using the trademark. 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.
The exclusive license only excludes third parties from using the trademark in the territory. An exclusive license can counter the exclusive use of the trademark owner. Within the specified geographical scope, the licensee has the exclusive right to use the registered trademark that is authorized to be used. The licensor may not license the same trademark to a third party, nor may the licensor itself use the trademark in the region. The royalties for exclusive licenses are much higher than other licenses, so only if the licenseeTaking into account the market effect of competition, if you think you really need to use the trademark exclusively in a certain area, you will ask for such a license.
Legal Provisions
"Contract Law" 100 Article 85 stipulates that a donation contract is a contract in which the donor gives his property to the donee free of charge and the donee expresses his acceptance of the donation. Obviously, the property in the donation contract includes tangible property and intangible property, and trademark rights are of course no exception, and the donee obtains the property for free, that is, without paying any consideration.
So what needs special attention here is the issue of the donor exercising the right of revocation.
Article 186 of the "Contract Law" stipulates that the donor may revoke the donation before the right to donate the property is transferred.
If it is necessary to donate the right to use the trademark to others, it is best to issue a donation contract, etc., so as to ensure that the trademark is truly used. The right is given to the other party. If you are not very clear about the relevant content of gifting trademark use rights and want to make a gift, you can consult a professional lawyer on the Legal Savior Network online to resolve your doubts.
