According to the provisions of the Trademark Law, a trademark registrant must sign a trademark license contract to license others to use its registered trademark; It shall be submitted by the licensor to the Trademark Office for the record and announced by the Trademark Office within three months from the date of signing the license contract.
after the licensor and the licensee sign the license contract, according to the regulations, they need to go to the Trademark Office for filing, and then the Trademark Office will announce it. However, in practice, after signing the contract, both parties have reached an agreement, and the trademark license contract has come into effect, and the licensee can use the trademark.
then, many people will ask, since it is already available, why should we spend money and time to go to the trademark office for filing?
Because the Trademark Law also stipulates that "a trademark license shall not be used against a bona fide third party without filing", there may be a risk. For example, if the trademark registrant transfers the trademark during the trademark license period, the new assignee may exclude the licensee's right to use the trademark because your license contract has not been filed with the Trademark Office. In this way, the rights and interests of the licensee have been infringed, and may also bring legal risks.
as for the licensor, if it fails to file with the Trademark Office, once the licensee has improper use of the trademark, out-of-scope license and other acts, it will be investigated for legal responsibility by others, and the licensor will also face legal risks such as invalid contract and breach of contract.
Therefore, both the licensor and the licensee must remember to put on record after signing the trademark licensing contract. Only after the trademark office has the record can the interests of both parties be better protected. Trademark license filing can be handled by the trademark registrant himself or by the trademark agency Zhixie, which is simple, fast and safe!
Do you have to go to the Trademark Office to file a trademark license?
Second, what is the time and cost of filing a trademark license?
After the application for filing a trademark license is submitted, a notice of approval for filing a trademark license can be issued in about 4-6 months. The fee for filing a trademark license is charged by category, and the acceptance fee for one category. Directly handled, directly paid in the payment window of the trademark registration hall; If it is entrusted to a trademark agency, the fee is the official fee plus the agency fee.
III. What are the precautions for trademark license filing
1. Trademark licensors should legally own trademark ownership, and trademarks that have not been registered without approval cannot be licensed to others;
2. The period of licensed use of a trademark cannot exceed the validity period of the licensed trademark;
3. The number of goods licensed by a trademark cannot exceed the number of goods registered by the licensed trademark;
4. The registered trademark and registration number must be included in the signed trademark licensing contract; Scope of licensed goods; Permitted service life; Permitted use of trademarks.