On the licensing right of trademarks: "Those who have not filed with the Trademark Office shall not oppose a bona fide third party". How to explain it?
Judging from China's Trademark Law and Regulations on the Implementation of Trademark Law, there is no stipulation that the trademark license contract between the two parties is invalid without filing. In addition, the licensing contract is submitted for filing and filing, mainly for the reference and publicity of the third party, and for the benefit of the third party. Therefore, if the trademark license contract is not submitted for filing and filing, the rights obtained by the contract licensee cannot be against a third party. In the practice of civil law, unless the law expressly stipulates that delivery, custody and filing are the conditions for the contract to take effect, the consequences of not delivering, custody and filing according to law are generally recognized as not being able to confront a third party. This kind of treatment has no harm to both parties to the contract and the third party, nor does it affect the administrative organ to pursue the administrative responsibility of both parties to the contract. Article 19 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Law in the Trial of Trademark Civil Disputes issued by the Supreme People's Court on June 5438+00, 2002 stipulates that an unregistered trademark license contract will not affect the validity of the license contract, unless otherwise agreed by the parties. If the trademark license contract is not filed with the Trademark Office, it shall not be opposed to a bona fide third party. From this point of view, the nature of trademark licensing contract filing has been clear. 【 Legal Basis 】 Article 40 of the Trademark Law; Article 43 of the Regulations for the Implementation of the Trademark Law; Article 19 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Law in the Trial of Trademark Civil Disputes on June 5, 2002.