What are the conditions for trademark license?
1. The licensed trademark is a registered trademark. Trademark registration according to law is a legal way to obtain the exclusive right to use a trademark according to law. Therefore, only registered trademarks are legally required to be licensed. However, unregistered trademarks have no exclusive right to use trademarks, are not protected by trademark law, and there is no need to establish a trademark license relationship. Anyone can use it in good faith without bearing the legal responsibility of trademark infringement (except unregistered well-known trademarks).
2. Trademark licensors shall enjoy the exclusive right to use trademarks according to law. The Trademark Law stipulates that a registered trademark owner may act as a licensor to license others to use his registered trademark, and others may not act as a licensor in the legal sense of the trademark under the guise of the registrant's name or entrusted by the registrant.
3. The object of a trademark licensing contract is the exclusive right to use a trademark. The exclusive right to use a trademark is only used on the approved goods, which is beyond the scope of the approved goods. Its object is not protected by law, and the signed trademark license contract is invalid.
What materials do you need to submit for trademark license filing, and the registration fee for trademark license?
(1) Fill in the application for filing the trademark license contract. If there is no agent, Licensor must affix its official seal or signature on the application; If there is an agent, Licensor shall sign and seal the power of attorney.
(2) A copy of the license contract or a copy of the trademark license contract.
(3) If it is represented by an agency, a copy of the trademark power of attorney shall be attached. If there is no agent, a copy of licensor's certificate (including business license or ID card) and a copy of the agent's ID card must be attached.
(4) Where a tobacco trademark is licensed, a copy of the licensee's tobacco production license and tobacco business license shall be attached.
(5) Pay the application fee, 300 yuan. Where a trademark agency is entrusted, the applicant shall pay the application fee and agency fee to the trademark agency, and the application fee charged by the Trademark Office shall be deducted from the advance payment of the trademark agency.
(6) If the contract is written in a foreign language, a Chinese translation shall be attached.
(seven) a copy of the trademark license registration certificate (not needed here).
At the same time, if the licensee is licensed to use multiple trademarks through one contract, the licensor shall submit an application for registration of the trademark license contract according to the number of trademarks, but only one copy of the trademark license contract may be submitted, and a copy of the contract may be submitted in other filing applications, and the volume number where the original license contract is located shall be marked.
At the same time, if multiple licensees are licensed to use a trademark through one contract, the licensor shall submit an application for filing the trademark license contract according to the number of licensees, but only one copy of the trademark license contract may be submitted, and other filing applications shall submit a copy of the contract and indicate the volume number where the copy of the license contract is located.
Is it necessary to file a trademark license?
You can't. Permission to use a registered trademark means that the trademark registrant allows others to use the trademark, while retaining the ownership. Of course, this use is conditional. In other words, the owner of a registered trademark remains unchanged, but under certain conditions, others can enjoy the right to use the trademark.
Trademark licensing requires signing a trademark licensing contract. A trademark license contract refers to a contract in which the trademark owner licenses his registered trademark to others and the licensee pays the fee. The registered trademark mentioned in the trademark license contract? Right to use? , not? Ownership? This is the difference between a trademark license contract and a trademark transfer contract, which means that his trademark subject has not changed.
According to the provisions of the Trademark Law and the Regulations for the Implementation of the Trademark Law, a copy of the trademark license contract should be submitted to the Trademark Office for filing within 3 months from the date of signing, rather than having to be filed. If the contract is not filed, the administrative department for industry and commerce will not investigate it, and neither the licensor nor the licensee will bear the corresponding legal responsibilities, nor will it affect the effectiveness of the contract.
The above is the trademark licensing fee provided by Bian Xiao. I hope it will help you.
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Trademark license