What are the materials required for trademark licensing filing? What materials are generally required to be submitted for trademark licensing filing? The editor has compiled the trademark licensing filing materials to share with you. Welcome to read, for reference only!

What materials need to be submitted for trademark license filing?

As for what materials need to be submitted for trademark license filing and the filing fee, the following is a detailed introduction:

(1) Fill in the "Trademark Use License" A copy of "Application Form for Contract Filing". If there is no agent, the licensor must stamp the official seal or signature on the application form; if there is an agent, the licensor must sign and seal the power of attorney.

(2) A copy of the license contract or a fair copy of the trademark license contract.

(3) If the agent is represented by an agency, a "Trademark Agency Power of Attorney" must be attached to the applicant's direct application. If the applicant is not represented by an agency, a copy of the licensor's certificate (including business license or identity card) must be submitted. certificate), a copy of the person in charge of the certificate.

(4) If the use of tobacco trademarks is permitted, copies of the licensee's "Tobacco Production License" and "Tobacco Business License" must be attached.

(5) Pay the filing fee of 300 yuan. If a trademark agency is entrusted to handle the matter, the applicant shall pay the filing fee and agency fee to the trademark agency. The filing fee collected by the Trademark Office will be deducted from the advance payment of the trademark agency.

(6) If the contract is in a foreign language, a Chinese translation should be attached.

(7) A copy of the registration certificate that licenses the use of the trademark (this is not required).

If a licensee is licensed to use multiple trademarks through one contract at the same time, the licensor shall submit an "Application for Registration of Trademark Use License Contract" according to the number of trademarks, but may only submit one trademark A copy of the license contract can be submitted in other filing applications and marked with the volume number where the original copy of the license contract is located.

If multiple licensees are licensed to use a trademark through one contract at the same time, the licensor shall submit an "Application for Registration of Trademark Use License Contract" according to the number of licensees, but it may only submit one application. A copy of the trademark license contract shall be submitted in other filing applications and marked with the volume number where the copy of the license contract is located.

How to exercise the right of prior use of trademarks

Article 6, paragraph 3, of the "Notice on the Continued Use of Service Marks" of the State Administration for Industry and Commerce of China stipulates:? Continued use and If the registrant's use causes actual confusion and causes consumers to misunderstand, the continuing user shall add a geographical name indication when using the service mark to facilitate distinction from the service mark used by the registrant.

In order to protect the interests of consumers and prevent consumers from being confused about the source of goods or services, the trademark registrant has the right to require the prior user to add appropriate signs to distinguish it from the registered trademark when using it. trademark. If appropriate markings cannot be added, the prior user shall not continue to use its trademark.

Notes on filing trademark license contracts

1. The licensor must be the owner of the registered trademark, and the licensee can be a natural person, legal person or other organization.

2. The filing procedures for the trademark license contract shall be handled by the licensor.

3. If a licensee is licensed to use multiple trademarks through one contract, the licensor shall submit an "Application for Registration of Trademark License Contract" according to the number of trademarks, but may only submit one trademark A copy of the license contract.

4. If multiple licensees are licensed to use a trademark through one contract, the licensor shall submit an "Application for Registration of Trademark License Contract" according to the number of licensees, but it may only submit one application. A copy of the trademark license contract.

5. In the trademark license contract signed between the licensor and the licensee, if both parties agree on the content that the licensee can license to a third party, or the licensor issues a separate document to the licensee With a letter of authorization allowing sublicense, the licensee can sublicense a third party to use the licensor's registered trademark. The filing procedure for a trademark sublicense contract is the same as the filing procedure for a trademark licensing contract.

After the sublicense contract is filed, the Trademark Office will make an announcement, in which the licensor is the sublicensee.

6. When the trademark registrant changes the name of the registrant and applies for trademark renewal without the approval of the Trademark Office, he only needs to submit the Trademark Office acceptance notice and the change certification documents issued by the enterprise registration authority along with the filing materials. , that is, the registration can be handled in the name of the changed registrant.

7. When the trademark transfer application has not been approved by the Trademark Office, the trademark license contract cannot be filed in the name of the transferee.

8. For trademark licensing contract filing applications that do not meet the requirements, the Trademark Office will not accept it or notify the licensor to make corrections. The licensor shall, within one month from the date of receipt of the notice, make corrections according to the content specified by the Trademark Office and submit the notice of correction by mail or directly to the Trademark Office.

9. Once a trademark license contract concluded in accordance with the law takes effect according to the agreed time and conditions, it will be legally binding on the parties to the contract. Whether a trademark license contract is filed or not has no impact on the legal validity of the contract itself. However, if the parties to the contract, when concluding a trademark license contract, explicitly agree that the trademark license contract must be filed with the Trademark Office as a condition for the contract to take effect, then the unrecorded contract shall not be legally effective.

10. If the trademark license contract is terminated early, the licensor and the licensee shall, within 3 months from the date when both parties sign a termination agreement or the court or arbitration authority makes a termination decision, the licensor shall mail Or submit it directly to the Trademark Office for filing.

11. The registration announcement of the trademark license contract is published in the second issue of the "Trademark Announcement" published every month. The main contents are: trademark registration number, trademark, name of licensor and licensee, license Use of products, license period, etc.

12. If the applicant entrusts a trademark agency to handle the matter, the Trademark Office will not directly have any correspondence with the applicant, and all documents will be sent to the trademark agency.

What is a trademark exclusive license?

It means that the trademark registrant only licenses the trademark to one licensee within the scope of its trademark exclusive rights, and within the time and space specified in the contract Within the period, the trademark registrant himself also gives up the right to use the trademark. This kind of license is called the exclusive use license of the trademark. During the validity period of the license contract, the licensee of an exclusive use license may assert his or her legitimate rights and interests to the industrial and commercial administration authorities in his or her own name as the trademark right holder.

The above is the trademark licensing filing materials provided by the editor. I hope it will be helpful to everyone.

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