A brief introduction to the case that a trademark with exclusive use license cannot be transferred
Wang signed a contract with a winery in June 1999 1 1? Trademark exclusive license agreement? Both parties agree to authorize a winery to exclusively use all its 33rd registered trademark. If the winery is transferred, Wang should be informed in advance, and Wang has the preemptive right. In June 2000, the winery was cancelled, and the creditor's rights and debts were owned by Zhang, the legal representative of the original enterprise. After Zhang and Li signed it? Trademark transfer agreement? , transfer the registered trademark. Wang asked the court to confirm? Trademark exclusive license agreement? Effective? Trademark transfer agreement? Invalid. Then, can a trademark with an exclusive license be transferred?
Case solution
A trademark with an exclusive license cannot be transferred.
Article 40 of the Trademark Law stipulates that a trademark registrant may authorize others to use his 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. 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 marked on the goods using the registered trademark. A trademark licensing contract shall be reported to the Trademark Office for the record. ?
At the same time, Article 3 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Trademark Civil Disputes stipulates: Trademark license stipulated in Article 40 of the Trademark Law includes the following three categories:
(1) Exclusive use license means that the trademark registrant licenses the registered trademark to only one licensee within the agreed time limit, region and method, and the trademark registrant may not use the registered trademark as agreed;
(2) Exclusive use license means that the trademark registrant licenses the registered trademark to only one licensee at the agreed time, place and manner. The trademark registrant may use the registered trademark as agreed, but may not license others to use the registered trademark alone;
(3) General use license means that the trademark registrant authorizes others to use its registered trademark within the agreed time limit, region and manner, and can use the registered trademark by himself or authorize others to use its registered trademark. ?
The winery signed it? Trademark exclusive license agreement? The distillery shall inform Wang in advance of the trademark transfer, and the agreement that Wang enjoys the preemptive right is the true intention of both parties, and neither party may violate it. Did Zhang violate it? Trademark exclusive license agreement? Did Zhang and Li conclude this agreement? Trademark transfer agreement? It has no legal effect.
Related reading:
Basic content of exclusive use license
According to the provisions of the Trademark Law, if the exclusive right to use a registered trademark is infringed, the trademark registrant or interested party may bring a lawsuit to the people's court or request the administrative department for industry and commerce to handle it. Among them, the interested parties include the licensee of the registered trademark license contract and the legal heir of the registered trademark property right.
According to the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Laws in the Trial of Trademark Civil Disputes, if the exclusive right to use a registered trademark is infringed, the licensee of the exclusive license contract may bring a lawsuit to the people's court. The licensee of the exclusive use license contract enjoys an independent right of appeal.
【 Legal basis 】 Article 53 of the Trademark Law; Article 4 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Laws in the Trial of Trademark Civil Disputes.
Patents:
License contract for the exploitation of exclusive patent: A license contract for the exploitation of exclusive patent means that the transferee has the right to use the patented technology specified in the contract within the specified scope, and neither the transferor nor any third party can enjoy the right to use the patented technology within this scope at the same time. According to this contract, the patentee allows the licensee to enjoy the exclusive right to use his patent within a certain period of time and within a certain geographical scope, and the licensee pays the royalties to the patentee according to the agreed amount. This kind of contract requires the patentee not only not to license the third party to use the patent, but also not to use it for himself within the specified time and geographical scope.
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