What is the method for filing a trademark license contract?
The licensor can directly go to the Trademark Registration Hall of the Trademark Office to apply To file a trademark license contract, you can also entrust a nationally recognized trademark agency to file a trademark license contract.
(1) When entrusting a trademark agency to handle the filing of a trademark license contract, the applicant can voluntarily choose any nationally recognized trademark agency to handle it. All trademark agencies registered with the Trademark Office are published in the "Agency" column.
(2) If the applicant goes directly to the Trademark Registration Hall to apply for trademark registration, the applicant can follow the following steps: Prepare application documents → Accept at the Trademark Registration Hall Submit the application form at the window → print the bar code at the coding window → pay the filing fee at the payment window → receive the trademark license contract filing notice
Application form Preparation
(1) Application documents to be submitted
1. A registered trademark license A licensee shall submit an application for trademark licensing contract registration.
2. If the applicant is a natural person, he should submit a copy of a valid document that can prove his identity (such as an ID card, etc.).
3. A copy of the trademark license contract, or a notarized copy of the trademark license contract.
4. If the contract text is in a foreign language, the corresponding Chinese translation should be attached.
5. If you entrust a trademark agency to handle the matter, you should also submit a trademark agency power of attorney.
(2) Specific requirements
1. All documents shouldThe handwriting should be neat and clear, and the filing application should be printed on a typewriter.
2. Both parties to the licensing contract must stamp their respective seals on the contract. If there is no seal, the contract must be signed by the legal representative.
3. The filling in the application form should meet the following requirements:
(1) The application form The name of the licensor, registration certificate number, product or service name shall be exactly the same as the registrant's name, registration certificate number, product or service name on the Trademark Registration Certificate.
(2) The products permitted for use shall not exceed the scope of products approved in the "Trademark Registration Certificate".
(3) The period of licensed use shall not exceed the validity period on the "Trademark Registration Certificate".
(3) The trademark license contract must have the following terms:
(1) Licensed use Trademark name and registration certificate number.
(2) Scope of goods and services permitted for use.
(3)Period of licensed use.
(4) Method of providing the registered trademark logo used by the licensee.
(5) Terms for the licensor to supervise the quality of the goods used by the licensee using its registered trademark.
(6) The licensee shall indicate the name of the licensee and the origin of the goods on the goods using the licensed trademark.
A fee of 300 yuan should be paid to the Trademark Office for each trademark license contract filing application. If a trademark agency is entrusted to handle the matter, the applicant shall pay the filing fees and agency fees to the trademark agency. The filing fees collected by the Trademark Office will be deducted from the advance payment of the trademark agency.
If the application for trademark license contract filing is complete and meets the relevant provisions for trademark license contract filing, the Trademark Office will file it and send the filing notice by mail. Issued to the applicant or his/her agent.
Notes
1. The licensor must be the owner of the registered trademark, and the licensee can be a natural person, legal person or other organization.
2. Trademark license contract The filing procedures shall be handled by the licensor.
3. If a licensee is licensed to use multiple trademarks through one contract, the licensor shall submit " "Application for Registration of Trademark License Contract", but you can submit only one copy of the trademark license contract.
4. License multiple licensees through one contract For one trademark, the licensor shall submit an "Application for Registration of Trademark License Contract" according to the number of licensees, but may only submit a copy of the trademark license contract.
5. In the trademark license contract signed between the licensor and the licensee, if both parties agree on the content that the licensee can license to a third party, or the licensor issues a separate document allowing sublicensing to the licensee. With a letter of authorization, the licensee can sublicense a third party to use the licensor's registered trademark. The filing procedure for a trademark sublicensing contract is the same as the filing procedure for a trademark licensing contract. After the sublicensing contract is filed, the Trademark Office will make an announcement. The licensor is the sublicensee.
6. If the trademark registrant changes the name of the registrant and the trademark renewal application is not approved by the Trademark Office, it only needs to be submitted with the filing materials. With the Trademark Office acceptance notice and the change certification documents issued by the enterprise registration authority, the registration can be processed in the name of the changed registrant.
7. The trademark transfer application has not been submitted without When approved by the Trademark Office, the trademark license contract cannot be filed in the name of the transferee.
8. For trademark license contract filing applications that do not meet the requirements, the Trademark Office The application shall be rejected or the licensor shall be notified to make corrections. The licensor shall, within 1 month from the date of receipt of the notice, make corrections according to the content specified by the Trademark Office and submit it together with the notice of correction by mail or directly to the Trademark Office.
9. Once a trademark license contract concluded in accordance with the law takes effect according to the agreed time and conditions, it will be legally binding on the parties to the contract. Whether the trademark license contract is filed or not will have a negative impact on the contract itself. The legal effect is not affected. However, if the parties to the contract clearly agree that the trademark license contract must be filed with the Trademark Office as a condition for the contract to take effect, then the unrecorded contract shall not have legal effect.
10. If the trademark license contract is terminated early, the licensor and the licensee shall, within 3 months from the date when both parties sign a termination agreement or the court or arbitration authority makes a termination decision, the licensor shall submit a notification by mail or directly. Submit it to the Trademark Office for filing.
11. The trademark license contract filing announcement is published in the second issue of the "Trademark Announcement" published every month. The main content is: Trademark Registration number, trademark, name of licensor and licensee, licensed goods, licensed period of use, etc.
12. If the applicant entrusts a trademark agency to handle the matter , the Trademark Office will not have any correspondence with the applicant directly, and all correspondence will be sent to the trademark agency.
Trademark Use License Contract
(Example text)
Contract number:
Signing location:
Trademark licensor (Party A)
Trademark use is licensed Person (Party B)
According to the provisions of Article 40 of the Trademark Law of the People's Republic of China and Article 43 of the Trademark Law, Party A and Party B shall comply with the voluntary and Based on the principle of good faith and through consensus, this trademark license contract is signed.
1. Party A licenses the No. 1 trademark registered by Party B to be used on similar goods. Party B uses it on similar commodities.
2. The form of licensed use (exclusive, exclusive, ordinary).
3. The period of licensed use starts from the date of year and month and ends on the day of year and month. When 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. Party A has the right to supervise the quality of Party B’s goods using registered trademarks, and Party B shall ensure the quality of goods using registered trademarks. The specific measures are.
5. Party B must indicate its company name and product origin on the goods using the registered trademark.
6. Party B shall not arbitrarily change Party A's The text of the registered trademark,Graphics or combinations thereof shall not use Party A’s registered trademark beyond the scope of licensed products.
7. Without Party A’s authorization, Party B shall not license Party A’s registered trademark to a third party for use in any form or for any reason.
8. Method of providing registered trademark logo:
9. Amount and calculation method of license fee And payment method:
10. Conditions for early termination of the trademark license contract.
11. When this contract is terminated, Party B shall immediately terminate the use of the trademark, and the remaining trademark logo shall be; the goods with the trademark circulating in the market shall be Withdraw from the market within the month.
12. Liability for breach of contract:
13. Dispute resolution methods:
14. Other matters:This contract is in duplicate and shall be signed by A within three months from the date of signing. Submit it to the Trademark Office for filing.
Trademark licensor (Party A) Trademark licensee (Party B)
( Signature)(Signature)
Legal representativeLegal representative
Address
Zip code
Year, month and day
The above content is not an official document issued by the State Administration for Industry and Commerce or the Trademark Office of the State Administration for Industry and Commerce. Therefore, all content is for guidance and does not have any legal binding force.
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