About the license to use registered trademarks
(1) The concept of registration license
The transfer of a registered trademark is a transfer of ownership, which changes the owner of the registered trademark. The license to use a registered trademark means that a person allows others to use the trademark while retaining ownership of the trademark. Of course, this use is subject to certain conditions. That is to say, the owner of a registered trademark remains unchanged, but under certain conditions, others can enjoy the right to use the trademark. In terms of scope, this is a legal relationship establishing a trademark license in accordance with the law.
(2) The parties involved in the licensing of registered trademarks
There are two parties in the trademark licensing relationship The parties are: one is the licensor, that is, the trademark registrant, and the other is the licensee, that is, the user of the trademark. If this kind of license is viewed as a transaction of trademark use rights, the licensor is the supplier and the licensee is the buyer. square.
(3) Form of license to use registered trademark
The Trademark Law stipulates that the trademark registrant can Sign a trademark license contract to license others to use its registered trademark. This clarifies the use of contract form to establish a trademark licensing relationship between the parties involved in trademark licensing. There are generally three types of licenses: one is an exclusive license, that is, the licensee has the right to use the trademark within a certain time and region, and even the trademark registrant cannot use it; the other is an exclusive license, which The difference from an exclusive use license is that within a certain time and region, except the licensor, no other third party can use the trademark, so it is also called an exclusive use license; the third is a general use license. This means that the licensor can license more than two licensees to use the trademark within a certain time and region, and the licensee has no right to exclude other licensees from using the trademark.
(4) Main procedures for trademark use licensing
There are two main provisions in the Trademark Law program, a process between the licensor and the licenseeThe licensor signs a trademark license contract; the other is that the trademark license contract should be reported to the Trademark Office for filing, which means it is subject to supervision.
(5) Rights and obligations in trademark licensing
The basic characteristics of a trademark licensing relationship are Trademark ownership and use rights are separated. The licensor and licensee have both common parts and respective legal obligations for the realization of trademark functions and responsibilities to the public. There are three main provisions of the Trademark Law:
First, the licensor should supervise the quality of the goods used by the licensee using its registered trademark. This is a right of the licensor, but more importantly, it is an obligation of the licensor, that is, the obligation to supervise and ensure the quality of the registered trademarks it owns. The licensor is not allowed to assume no liability after its registered trademark is used by others. Instead, the law determines that the licensor must still bear the responsibility for product quality to prevent the licensee from improper behavior that damages business reputation and harms the interests of the public.
Second, the licensee should ensure the quality of the goods using the registered trademark. This is the legal obligation of trademark users. Trademarks establish reputation through the quality of goods. Maintaining trademark reputation is not only the licensor's concern, but the licensee should also guarantee the quality of the goods using the trademark.
Third, if you use someone else’s registered trademark with permission, you must indicate the name of the licensee and the place of origin of the goods on the goods using the registered trademark. This is a requirement arising from the practice of trademark licensing. The purpose is to prevent trademark users from trying to take advantage of the reputation of the trademark and provide low-quality goods that are inconsistent with this reputation. In order to enable consumers to identify and clarify the different uses of the same trademark Therefore, it is necessary to indicate the name and origin of the licensee on the respective products. This will enhance the sense of responsibility of the trademark user and also allow consumers to have choices when facing different users of the same trademark. . Of course, the same trademark should reflect the same reputation. The above-mentioned regulations on labeling the licensee and place of origin are exactly the measures taken to maintain the reputation of the trademark.
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.
