1. What are the principles of trademark protection?
(1) Registration in principle. Registration is a process of confirming the ownership of exclusive rights to a trademark.
(2) First-to-apply principle. The first-to-file principle is one of the important procedural principles derived from the registration principle.
(3) Principle of good faith. The principle of good faith is a basic principle in the field of civil law.
(4) Principle of voluntary registration. The so-called "voluntary registration principle" means that whether or not to register a trademark used by an enterprise is completely decided by the enterprise.
(5) Principles of centralized registration and hierarchical management. Centralized registration and hierarchical management are one of the outstanding features of my country’s trademark legal system.
(6) The principle of parallel administrative protection and judicial protection.
2. How to write a trademark authorization letter?
Trademark licensee (Party A):
Trademark licensee (Party B) :
Authorized to use the trademark at home as follows: (trademark style)
According to the "Trademark Law" In accordance with the provisions of the "Implementation Regulations", both parties followed the principles of voluntariness and good faith and signed this trademark license contract through friendly negotiation.
Trademark authorization scope
(1) Party AThe registered Class _______ trademark (registration number: ___________________) is licensed to Party B to use the trademark to customize products and sell them on TV shopping channels.
(2) Trademark logo: (separate page)
(3) Licensed use The period starts from _____ month _____ day of _______ year and ends on _____ month _____ day ______ year _____. After the contract expires, if the use time needs to be extended, Party A and Party B shall renew the trademark use license contract separately.
(4) The scope of Party A’s permission for Party B to use the trademark:
____________________________________________________________________________
(5) Party A licenses Party B to use the trademark in the form of general license within the regional industry of the People's Republic of China. During the term of the contract, other manufacturers will not be authorized to use Party A’s Class A trademark on similar products in the industry within the province.
(6) Explanatory text that Party B is permitted to use on product packaging, corporate plaques, and promotional materials:
Rights and obligations of both parties
(7) Legal basis: According to Article 43 of the "Trademark Law of the People's Republic of China": "License Party B shall supervise the quality of the goods on which the licensee uses its registered trademark; the licensee shall ensure the quality of the goods on which the registered trademark is used." Party B must ensure that the goods it produces and the products using Party A's registered trademark comply with national regulations The product's hygiene, quality, measurement, environmental protection, packaging, industry standards and legal instructions requirements.
(8) Party B shall not arbitrarily change the text, graphics or combination of Party A's registered trademark, and shall not use Party A's registered trademark beyond the scope of the licensed products.
(9) According to the "Trademark Law of the People's Republic of China", Party B must indicate Party B's company name and place of origin on the goods using Party A's registered trademark.
(10) Party A and Party B shall decide whether to continue to authorize the use of the trademark two months before the expiration of the trademark license contract.Negotiate the trademark, sign a new "Trademark License Contract" and renew it for registration if you continue to use it when it expires. If you do not renew the contract, it will be terminated automatically.
Trademark authorization letter template
(11) After the termination of the contract, Party B shall not Use Party A’s authorized trademarks and logos on the products produced, and in item 6 of this contract, Party B is permitted to use Party B’s product packaging, corporate plaques, and promotional materials Otherwise, Party A has the right to pursue its infringement liability according to law.
(12) Legal basis: During the validity period of the contract, Party A has the right to supervise Party B's products in accordance with Article 40 of the "Trademark Law of the People's Republic of China" Quality,
Party B is responsible for submitting the packaging design manuscript to Party A for review and filing to avoid any violation of the law.
(13) Party A's authorization to use Party B's trademark is in accordance with the provisions of the "Trademark Law of the People's Republic of China" and the "Implementation Regulations" and is only for Corporate image and product image planning and packaging to increase Party B's visibility and expand market share. It is legally authorized and protected by law. At the same time, it should be emphasized that both parties are independent legal persons and each bears independent legal responsibilities;
The claims and debts of Party A and Party B, as well as the legal liabilities unrelated to this contract, shall not involve the other party;
The claims and debts of Party A and Party B, As well as other legal disputes and liabilities unrelated to this contract, they cannot constitute legal joint and several liability to all parties.
For trademarks that have been applied for registration, the law provides protection, including the principle of voluntary registration, the principle of centralized registration, etc. If you want to license your trademark, you must sign an authorization contract with the other party. I hope the above content will 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.