What is the meaning of trademark use license
Trademark use Licensing refers to the act of a trademark registrant allowing others to use its registered trademark through legal procedures. The registrant of a trademark is called the licensor, and the party licensed to use the trademark becomes the licensee. Licensing others to use a registered trademark is an important right of the trademark registrant.
Different from the transfer of a registered trademark, the registrant's permission for others to use its registered trademark does not result in a change in the owner of the exclusive right to the trademark. The exclusive right to the trademark remains with the licensor. Own it yourself. Under a trademark license, the trademark registrant can obtain trademark usage fees, and the licensee obtains the right to use the registered trademark as agreed. When licensing others to use a registered trademark, the licensor shall supervise the quality of the products used by the licensee and the licensee shall ensure the quality of the products using the registered trademark.
License type
Enterprises license others to use registered trademarks, usually by entering into a license contract, that is, issuing a license. In a licensing relationship, the trademark owner or the person authorized to use the trademark is the licensor, and the other party is the licensee. In practice, some trademark license contracts are independent license agreements, and quite a few are trademark license terms included in other contracts, such as trademark use regulations attached to technology transfer, franchising and other contracts. When signing a trademark use agreement, enterprises may consider choosing one of the following three types:
1. Ordinary license: the form of "small profits but quick turnover" is The licensor allows the licensee to use the registered trademark under the contract within the specified geographical scope. At the same time, the licensor reserves the right to use the registered trademark within the region and to grant third parties the right to use the registered trademark. This licensing method is mostly suitable when the licensee has limited production capacity or the product market demand is large. The licensor can choose several licensees, and the selling price of each license is relatively low, so it is a A "small profits but quick turnover" approach. For the licensee, the right to use the trademark obtained is non-exclusive, so if the contract involves registrationIf a registered trademark is used by a third party without authorization, the licensee is generally not allowed to sue the infringer in its own name, but can only inform the licensor of the relevant situation, and the licensor can take necessary measures against the infringement.
2. Exclusive license: It can resist the exclusive use of the trademark owner. That is, within the specified geographical scope, the licensee has the exclusive right to use the registered trademark authorized for use. . The licensor may not license the same trademark to a third party, nor may the licensor itself use the trademark in the region. The royalties for exclusive licenses are much higher than other licenses, so only when the licensee considers the market effect of product competition and believes that it is necessary to exclusively use the trademark in a certain area will request such a license. The legal status of the licensee is equivalent to that of a "quasi-trademark owner". When trademark infringement is discovered within the specified territory, the licensee can directly sue the infringer as an "interested party".
3. Exclusive license: concurrent use by the trademark owner and the licensee. In this case, except for the license granted by the licensor to the licensee to use its registered trademark In addition to the rights, the licensee may also enjoy the right to exclude third parties from use. That is, the licensor may not grant the same license to any third party, but the licensor retains its own right to use the same registered trademark. An exclusive license simply excludes third parties from using the trademark in that territory.
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