There are general license, exclusive license and exclusive license.

an enterprise licenses others to use a registered trademark, usually by concluding a license contract, that is, issuing a license. In the 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 licensing contracts are independent licensing agreements, and quite a few are trademark licensing clauses contained in other contracts, such as trademark use provisions attached to technology transfer, franchising and other contracts. When signing a trademark use agreement, the enterprise may consider choosing one of the following three types:

1. General license:

the form of "small profits but quick turnover".

that 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 in the area and grant the right to use the registered trademark to a third party.

this licensing method is mostly applicable to the condition that the licensee's production capacity is limited or the product market demand is large. The licensor can choose more licensees, and the price of each license is relatively low, so it is a way of "small profits but quick turnover".

For the licensee, the right to use the trademark is non-exclusive. Therefore, if the registered trademark involved in the contract is used by a third party without authorization, the licensee shall generally not sue the infringer in its own name, but only inform the licensor of the relevant information, and the licensor shall 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 enjoys the exclusive right to use the authorized registered trademark. The licensor shall not license the same trademark to a third party, and the licensor shall not use the trademark in the territory. The royalty of exclusive license is much higher than other licenses, so only when the licensee considers the market effect of product competition and thinks that it is really necessary to use the trademark exclusively in a certain area will he ask for such license.

the legal status of the licensee is equivalent to that of a "quasi-trademark owner". When trademark infringement is found in the specified area, the licensee can directly sue the infringer as an "interested party".

3. Exclusive license:

Concurrent use by trademark owner and licensee.

in this case, in addition to the licensor giving the licensee the right to use its registered trademark, the licensee can also enjoy the right to exclude the use of the third party. That is, the licensor may not give the same license to any third party, but the licensor reserves the right to use the same registered trademark. Exclusive license only excludes third parties from using the trademark in the territory.

according to article 43 of the trademark law of the people's Republic of China?

1. A trademark registrant may authorize others to use its registered trademark by signing a trademark license contract. The licensor shall supervise the quality of the goods in which the licensee uses its registered trademark. The licensee shall guarantee the quality of the goods using the registered trademark.

2. Where a registered trademark of another person is used with permission, the name of the licensee and the place of origin of the goods must be indicated on the goods using the registered trademark.

3. If another person is licensed to use his registered trademark, the licensor shall report his trademark license to the Trademark Office for the record, which will announce it. A trademark license may not be used against a bona fide third party without filing.

Extended information:

Problems that should be paid attention to

1. Firmly control the quality of goods

The property value of a trademark lies in its reputation, and allowing others to use the trademark means that the reputation of the trademark is attached to the behavior of the licensee and the goods it provides. Therefore, the quality control in the license contract is an extremely important content. There are many lessons to be noted in this respect. For example,

Qingdao soda factory was once one of the eight major carbonated beverage production bases in China, and the products represented by "Laoshan Coke" were very popular in the market. However, the factory was eager for quick success and instant benefit, and rashly licensed 144 domestic enterprises to use the "Laoshan" trademark. Due to the lack of necessary quality assurance measures, the quality of goods declined sharply, which directly affected the reputation of the trademark.

Later, although the person in charge of the factory changed many times, the factory's practice of abusing licenses has always lacked effective control, which led to the decline of its trademark reputation and seriously affected the survival of enterprises. In 1998, for example, the sales of products of Qingdao Laoshan Mineral Water Co., Ltd. in Qingdao was 1 million yuan, while the sales of Wahaha purified water in Qingdao reached 4 million yuan.

2. Careful selection of partners

Commodity quality control For licensors, partners should be carefully selected first, and those enterprises with good production capacity, high management level and strong performance ability should be taken as licensees. Before granting the license, the licensor shall inspect and test the legal person qualification, production capacity, management level and product quality of the licensee.

those who fail to meet the same quality standards as their own products cannot sell their licenses. After the conclusion of the license contract, the licensor should pay close attention to the production and sales of the licensee to prevent the licensee from any phenomenon that damages the reputation of the trademark in terms of product quality and after-sales service.

during the contract period, the licensor has the responsibility to supervise the production process, technological production, product inspection and management of the licensee. When the licensee's products can't meet the quality of the licensed registered trademark, the licensor should take decisive measures to prevent the situation from developing further, and if necessary, it should definitely terminate the contract and recover the trademark license right.

Baidu Encyclopedia-Trademark License

Baidu Encyclopedia-Trademark Law of the People's Republic of China