A trademark license contract does not take effect until it is filed. Instead, it is filed against a bona fide third party. According to relevant legal provisions, if a trademark license contract is not filed, the validity of the license contract will not be affected. However, an unregistered trademark license contract shall not be used against a bona fide third party.

Legal Basis

Article 19 of the "Interpretations of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Civil Trademark Disputes"

The trademark license contract has not been The filing will not affect the validity of the license contract, unless otherwise agreed by the parties.

Article 20

The transfer of a registered trademark will not affect the validity of the trademark license contract that was in effect before the transfer, unless otherwise agreed in the trademark license contract.

Article 43 of the "Trademark Law of the People's Republic of China"

When permitting others to use its registered trademark, the licensor shall submit its trademark use license to the Trademark Office for record , announced by the Trademark Office. The trademark use license shall not be used against bona fide third parties without registration.