Trademark license must be filed.
The law stipulates that when licensing others to use its registered trademark, the licensor shall submit its trademark use license to the Trademark Office for filing, and the Trademark Office shall announce it. Without filing, the trademark use license may not be used against bona fide third parties. The advantage of filing a trademark licensing contract is that the filing of the contract can prevent the local industrial and commercial administrative department from investigating and punishing individual cases. In addition, a third party (usually a competitor) may complain to the industrial and commercial department, claiming that the licensee has used it without authorization. The licensor's trademark, complaining that the licensee infringes the licensor's registered trademark rights.
This may cause unnecessary trouble to the licensee. Trademark licensors and licensees can also announce the trademark use license status to the public through the "Trademark Announcement" to provide convenience for consumers to purchase goods. Therefore, after registration, the occurrence of various problems caused by failure to register can be reduced, and the normal use of the trademark by the trademark licensee will not be affected, reducing unnecessary trouble.
Trademark License
Trademark license, also known as trademark license, refers to a legal act in which a trademark registrant allows others to use its registered trademark by signing a trademark license contract. In trademark licensing, the trademark registrant is the licensor, and the party licensed to use the trademark is the licensee. Both parties can sign a trademark license contract.
The trademark license contract only indicates that the licensee has obtained the right to use the registered trademark as agreed, and does not result in the transfer of the exclusive right to the trademark. The exclusive right to the trademark is still owned by the licensor (trademark registrant). According to Article 43 of the Trademark Law, the licensor shall submit its trademark use license to the Trademark Office for filing. Trademark licenses can be divided into exclusive licenses, exclusive licenses and general licenses according to the licensing method.