1. How to calculate the license fee for registered trademarks
1. The law does not clearly stipulate how license fees are calculated.
2. Trademark licensing fees are generally calculated in proportion to the product selling price or product profit, or can be calculated through negotiation between the trademark owner and the licensee.
3. Legal basis: Article 43 of the "Trademark Law of the People's Republic of China"
2. How to terminate the trademark license early
In practice, to apply for a trademark use license, you need to do the following two things:
1. Sign a trademark use license contract
Trademark registrants can license others to use their registered trademarks by signing a trademark license contract.
2. Registration of trademark license contract
If you license others to use your registered trademark, you must A person must submit his trademark use license to the Trademark Office for filing, and the Trademark Office will announce it. Trademark use licenses that have not been registered may not be used against bona fide third parties.
3. When applying for trademark license, you also need to pay attention to whether your trademark license is sub-licensed or repeated. If this is the case, If so, then you also need to pay attention to the following matters:
(1) If the licensee sublicenses a third party to use the registered trademark, it must submit the original license The original contract signed by the person that allows it to license the content to a third party or issued by the original licensorWith the corresponding authorization letter.
(2) If the above-mentioned contract or authorization letter has been filed with the Trademark Office, the licensor still needs to submit a copy of the above-mentioned contract or authorization when filing for a new sublicense. The original or notarized copy of the document.
(3) If it is a multiple sub-license, the licensor must submit the trademark records from the first license to this license when filing for sub-license. Copy of contract, original authorization letter or notarized copy.
4. However, after you apply for the trademark license, if something happens midway, you can terminate the trademark license contract early. Under normal circumstances, the early termination of a trademark license contract is handled as follows:
(1) Fill in the application form for change/early termination of the trademark license contract, in the application items Specify early termination.
(2) Provide relevant legal documents for both parties to sign a termination agreement or termination.
(3) Copies of the subject qualification certification documents of the licensor and the licensee.
According to the provisions of the Trademark Law, there is no clear legal provision on how to calculate trademark licensing fees. Trademark licensing fees are generally calculated proportionally based on the product selling price or product profits, or can also be calculated through negotiation between the trademark owner and the licensee. 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.
