The Trademark Office of the State Administration for Industry and Commerce has launched a clean-up of trademark license contracts What is the content of the notification?
The specific notice content is as follows
The Trademark Office of the State Administration for Industry and Commerce regarding Notice on launching the clean-up of trademark license contracts
The industrial and commercial administration bureaus of all provinces, autonomous regions, municipalities directly under the Central Government and cities under separate state planning:
In order to conscientiously implement the newly revised "Trademark Law" and its "Implementation Rules", further strengthen the supervision of trademark license contracts Management, according to the arrangements of the National Trademark Work Conference, it is planned to carry out the cleanup of trademark license contracts nationwide. The relevant issues are now notified as follows:
1. All localities should immediately conduct a comprehensive inspection on local trademark use licenses, and publish them in accordance with the "Trademark Announcement" The registration status of the trademark license contract and the local trademark license contract should be reviewed and re-registered to fully understand the local trademark license situation.
2. All localities should conduct a comprehensive substantive review of the cleared trademark license contracts that are being implemented. The review content should include the following aspects:
1. The licensee must be an enterprise, individual industrial and commercial household, or legal person registered in accordance with the law and capable of independently assuming civil liability. Qualified public institutions and those that comply with Article 9 of the Trademark LawSpecified foreigners or foreign enterprises.
2. The trademark permitted to be used must be consistent with the registered trademark. The goods permitted to use the registered trademark shall be the goods approved for use by the registered trademark. limit.
3. The term of the trademark license contract shall not exceed the validity period of the registered trademark. After the trademark renewal registration, if you need to continue to maintain the licensing relationship, you should sign a new trademark license contract.
4. The trademark license contract must make it clear that the name of the licensee and the origin of the goods should be marked on the goods licensed to use the trademark.
5. Both parties signing a trademark license contract should clearly state in the contract the quality responsibilities of the goods licensed to use the trademark.
If the content of the trademark license contract does not comply with the regulations, it should be ordered to revise and correct it within a time limit, and resubmit it for the record. Those who refuse to make corrections will be punished accordingly, depending on the severity of the case, in accordance with the provisions of the Trademark Law and its Implementing Rules.
3. According to the clearance situation, for those who have implemented trademark licensing activities without signing a trademark licensing contract and those who have signed a trademark licensing contract but have not If the report is submitted for filing in a timely manner, it shall be ordered to make corrections within a time limit. If corrections are not made within the time limit, a fine of not more than 10,000 yuan shall be imposed in accordance with the provisions of the Trademark Law and its Implementing Rules, until the trademark office is reported to cancel the registered trademark.
4. For a trademark license contract that is being performed, if the name and address of the licensor's factory are still marked on the goods that are licensed to use the trademark, If the trademark logo was printed before February 22, 1993, it should be truthfully reported to the local industrial and commercial administration department. After verification by the industrial and commercial administration department, its use will be allowed until the end of December 1993. For those printed after February 22, 1993 and those printed before but not used up by the end of December this year, technical measures should be taken to cover the original factory name and address, and mark the name of the licensee and the origin of the goods.
5. In conjunction with this clean-up and rectification work, strengthen the supervision of trademarksInvestigation and handling of cases involving illegal use of licenses. Focus on investigating and punishing cases in which the name of the licensee's factory and the origin of the goods are not indicated; investigating and punishing cases in which licenses are misused, products are shoddily manufactured, and substandard products are passed off as good ones.
6. In conjunction with this clean-up and rectification work, strengthen the standardization of trademark licensing contract management. On the premise of strictly implementing the trademark licensing contract filing system, the trademark licensing contract should be documented and documented to facilitate the management of the trademark licensing contract in accordance with the law.
All localities should carefully deploy and arrange local clean-up and rectification work in accordance with the spirit of this notice and local implementation conditions, and submit a written report on the clean-up and rectification situation before the end of March next year. My game.
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