1. What are the regulations for trademark use licensing?
Legal basis: "Trademark Law of the People's Republic of China"
Article 43 A trademark registrant may license others to use its registered trademark by signing a trademark license contract. The licensor shall supervise the quality of the goods used by the licensee using its registered trademark. The licensee shall ensure the quality of the goods using the registered trademark.
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.
When licensing others to use its registered trademark, the licensor shall submit its trademark use license to the Trademark Office for record, and the Trademark Office shall announce it. The trademark use license shall not be used against bona fide third parties without registration.
2. How to write a trademark license contract?
Trademark License Contract
Headquarters: _________.
Franchisee (branch): _________.
In order to standardize the licensing use of trademarks in the franchise system and maintain the image and reputation of the franchise system, according to the headquarters (branch) and branch (franchise) The "Franchise Contract" reached on _________month__________ year, reached the following agreement on the trademarks licensed to be used by the headquarters:
1. Trademarks licensed for use
The trademark name used by the headquarters licensing branch (franchise) is: ________, the trademark registration number is: ________, and the trademark registration time is: _________year_________month_________day .
Name of trademark registrant: _________.
Trademark registrant’s address: _________.
2. Permission method
The headquarters authorized franchisee shall use Exclusive (exclusive/general) license to use the trademarks specified in this agreement.
3. Scope of licensed use
The trademarks used by franchisees licensed by the headquarters are limited to ________ _The types of goods (or types and names of services) shall be used in accordance with the varieties of goods designated by the headquarters, and the headquarters has the right to adjust the varieties of goods used.
4. Licensed areas
The geographical scope of the headquarters’ license to franchisees to use the trademark is: The franchise area stipulated in the "Franchise Contract" shall comply with the following regulations:
(1) Signboards, signs, items and headquarters used in franchise stores Specified product varieties;
(2) Customers for product sales are limited to enterprises or enterprise branches registered in the franchise area;
(3)____________.
5. Period of licensed use
The trademark licensed by the headquarters to franchisees shall be The period of use shall be carried out in accordance with the following provisions of item _________:
(1) It is the same as the period of the franchise contract;
(2) The implementation period shall be implemented in accordance with the notification from the headquarters;
(3) Limited to use within the _________ period.
6. Update of trademark
If the headquarters violates the provisions of the Trademark Law and obtains the registration of a trademark licensed to use in this agreement and the trademark office decides to cancel the registration, no matter whether the headquarters replaces the licensed trademark with any trademark, unless the franchisee expressly agrees In addition, it has the right to terminate this contract, and the headquarters (branch) shall return _________ fees and compensate _________ losses.
During the performance of the franchise contract , the headquarters shall not (or may) use new trademarks to replace the trademarks licensed under this agreement, but this shall not apply if the headquarters makes reasonable changes to the trademarks based on the existing trademarks and will not cause a significant impact on the public's recognition of the trademarks. .
If the trademark is changed for any reason, the cost of changing the signboard and ________ shall be borne by _________.
7. Guarantee of product qualityWhen franchise stores use trademarks, they must follow the "Franchise Contract" and this agreement To implement product quality standards according to the regulations, product quality should be ensured to comply with national laws and the requirements of the headquarters.
(1) The headquarters (branch) provides products to franchisees samples and provide technical guidance on manufacturing;
(2) The headquarters (branch) can supervise the franchisee's production and has the right to inspect the franchisee's production status and Product quality;
(3)_________.
8. Trademark renewal
The headquarters should ensure the fulfillment of trademark renewal procedures and other registration procedures to ensure the legality of goods, including product origin marks and ________ certification.
9. License feeThe trademark license fee that Party A should charge is already included in the paid license fee. Among the operating fees, no separate fees will be charged. Or
The franchise store shall pay the trademark license fee to the headquarters (branch) in accordance with the _________ standard, and pay it together with the franchise fee on a monthly (quarterly) basis according to the period stipulated in the franchise contract.
10. Trademark transfer
Except for the transfer of the "Franchise Contract" resulting in the use of trademarks permitted by this agreement When transferring together, the headquarters transfers the trademarks licensed to be used in this agreement, and the franchisee does not have the right to terminate the "Franchise Contract".
11. Liability for breach of contract
If a franchise store commits the following breach of contract, in addition to compensating losses in accordance with the provisions of the Trademark Law, it shall also bear liability for breach of contract in accordance with the following provisions:
(1) If the licensed trademark is used for products beyond the scope of this agreement, the calculation method for liquidated damages is: _________;
(2) If the products using the licensed trademark are sold through other channels other than franchise stores, the calculation method of liquidated damages is: _________;
(3) If products using licensed trademarks are sold to enterprises or branches of enterprises that are not registered in the franchise area, the calculation method for liquidated damages is: _________;
(4) If the licensed trademark is used to sell products that do not meet the quality requirements, the calculation method for liquidated damages is: _________;
(5)_______.
If the headquarters (branch) commits the following breach of contract, it shall bear liability for breach of contract in accordance with the following provisions:
(1) If the headquarters fails to renew the trademark registration period as required, resulting in the early termination of the trademark license, the calculation method of loss compensation is: _________;
(2) If the licensed trademark is transferred to a third party, resulting in early termination of the trademark license, the calculation method of loss compensation is: _________;
(3)___________.
12. Legal relations
The rights and obligations of the headquarters under this agreement shall be determined by the actual branch enjoy or bear. Franchisees may claim rights against branches based on the agreement, but may not directly claim any rights against the headquarters based on this agreement.
When the headquarters deems it necessary, it may directly claim rights against the franchise store in accordance with this agreement, including directly exercising compensation claims for the franchise store's breach of contract in violation of the provisions of this agreement. rights and penalties, unless the franchise store has fully fulfilled its compensation obligations in accordance with the provisions of this agreement.
Without the consent of the headquarters, the branch shall not waive the right to claim compensation against the franchise store. Otherwise, its act will be invalid, and the headquarters shall have the right to claim that the branch waives the claim in accordance with this agreement. all or part of the rights.
13. Agreement text
This agreement is in _________, signed by the headquarters, franchise Each company and (branch) shall keep _________ copies, one copy shall be submitted to the Trademark Office for filing, and one copy shall be sent to the industrial and commercial administration department for filing, which shall have the same legal effect.
14. Filing
The headquarters is responsible for handling the filing procedures for the trademark license agreement. The expenses are borne by the headquarters. Franchisees are responsible for submitting it to the local industrial and commercial administration department for archiving.
If the trademark management department requires the use of its uniformly printed format text for filing and archiving, the filing and archiving text shall be filled in according to the content of this agreement, but this document shall be used during execution. The agreement shall prevail.
Headquarters: ____________________
Franchisee: ____________________
Legal representative (signature and seal): _________
Legal representative (signature and seal): _________
_______year____month____day
The legal nature of trademark use license and trademark transfer are different. Trademark use license allows the other party to use the registered trademark within the time agreed by both parties. As for the method, fee and scope of licensed use, etc., this is all determined through negotiation between the licensor and the licensee. 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 Network to consult a professional lawyer.
