1. How to apply for a trademark use license
1. Apply for a trademark use license , the trademark owner and the licensee need to sign a trademark use license contract, and the licensor should submit its trademark use license to the Trademark Office for record, and the Trademark Office will announce it.
2. Legal basis: Article 43 of the "Trademark Law of the People's Republic of China"
2. What are the rights enjoyed by the licensor of the exclusive use of a trademark?
1. The exclusive licensee shall have the exclusive right to use the licensor's registered trademark within the scope of the license contract (theoretically, unregistered trademarks can also be licensed to others, but the discussion in this article is limited to registered trademarks) . In an exclusive license contract, the scope of the exclusive right of use involves two contents: first, the category of goods or services, and second, the territory of use of the trademark. The exclusive right to use a trademark can cover all the categories of goods or services approved for use by the registered trademark, or only a part of them; the licensor can authorize the licensee to enjoy the exclusive right to use its registered trademark nationwide, or it can only include Exclusive license for use in certain territories. This means that the owner of a trademark right can exercise an exclusive license to that trademark to multiple people in different locations at the same time. Therefore, for the same exclusive licensee of a trademark, the scope of his rights may be larger or smaller.
2. The exclusive licensee of a trademark has the right to prohibit the licensor from using the trademark himself and prohibit the licensor from using the trademark within the scope agreed in the license contract. Sublicensing to a third party can be referred to as the right to disable, which is the intended meaning of the term exclusive right of use. The right to prohibit is only meaningful when combined with the right to demand, complain, request and litigate. According to the right of prohibition, the exclusive licensee can directly request the infringer to stop the infringement, or he can complain to law enforcement agencies or file a lawsuit in court (including civil and criminal proceedings) to request a stop to the infringement and claim corresponding damages.
3. The exclusive licensee has the right to transfer, pledge or carry out non-exclusive license.
In addition, the exclusive licensee may also waive its exclusive rights.
According to the provisions of the Trademark Law, when applying for a trademark use license, the trademark owner and the licensee need to sign a trademark use license contract, and the licensor shall The trademark use license shall be reported to the Trademark Office for record and announced by the Trademark Office. 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.
