What is the trademark licensing process?
Mainly stipulates two procedures, one is between the licensor and The licensee signs a licensing contract; the other is that the trademark use licensing contract should be reported to the Trademark Office for filing, which means it is subject to supervision.
The basic characteristics of the trademark licensing relationship are the separation of trademark ownership and use rights, and the licensor and licensee's responsibilities for the realization of the trademark function and the public. , have both common parts and respective legal obligations. There are three main provisions of the Trademark Law:
First, the licensor should supervise the quality of the goods used by the licensee using its registered trademark.
This is a right of the licensor, but more importantly, it is an obligation of the licensor, that is, the obligation to supervise and ensure that the registered trademark it owns product quality. The licensor is not allowed to assume no liability after its registered trademark is used by others. Instead, the law determines that the licensor must still bear the responsibility for product quality to prevent the licensee from improper behavior that damages business reputation and harms the interests of the public.
Second, the licensee should ensure the quality of the goods using the registered trademark.
This is the legal obligation of trademark users. Trademarks establish credibility through the quality of goods. Maintaining trademark credibility is not only the licensor's concern, but also the licensee's responsibility for the use of the trademark. The quality of goods under a trademark should also be guaranteed.
Third, 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.
This is a requirement arising from the practice of trademark licensing. The purpose is to prevent trademark users from trying to take advantage of the reputation of the trademark and provide poor quality products that are inconsistent with this reputation. In order to enable consumers to identify the goods and clarify the responsibilities of different users of the same trademark, it is necessary to indicate the name and origin of the licensee on the respective goods. This will enhance the sense of responsibility of the trademark user and also This allows consumers to make choices when faced with different users of the same trademark.Of course, the same trademark should reflect the same reputation. The above-mentioned regulations on labeling the licensee and place of origin are exactly the measures taken to maintain the reputation of the trademark.
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