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What is a trademark exclusive license?

The exclusive license to use a trademark refers to a legal agreement between the two parties. In addition to the licensor granting the licensee the right to use its registered trademark, the licensor must also exclude third parties from using the trademark. That is, the licensor must not use the trademark. The same license is granted to any third party.

Legal basis

Article 43 of the "Trademark Law of the People's Republic of China"

Trademark registrants may sign a trademark license contract. License others to use its registered trademarks. The licensor shall supervise the quality of the goods used by the licensee using its registered trademark. The licensee shall ensure the quality of the goods using the registered trademark.

Article 67

If the use of a trademark identical to the registered trademark on the same kind of goods without the permission of the trademark registrant constitutes a crime, in addition to compensating the losses of the infringed party In addition, criminal liability shall be investigated in accordance with the law.

If a person forges or manufactures other people’s registered trademarks without authorization or sells counterfeit or unauthorized registered trademarks, which constitutes a crime, in addition to compensating the losses of the infringed party, criminal liability shall be pursued in accordance with the law.

Whoever knowingly sells goods with counterfeit registered trademarks constitutes a crime. In addition to compensating the infringed party for losses, he will also be held criminally responsible in accordance with the law.

Article 39

The validity period of a registered trademark is ten years, calculated from the date of approval of registration.