In addition to trademark transfer, trademark transactions can also be conducted through trademark licensing. There are several forms of trademark license: general license, exclusive license and exclusive license.
Among them, the exclusive license of trademark means that the trademark registrant licenses the trademark to the licensee only within the scope of its exclusive right to use the trademark, and the trademark registrant himself gives up the right to use the trademark within the time and space agreed in the contract. This kind of license is called trademark exclusive license.
It is precisely because the trademark registrant gave up the right to use the trademark after allowing others to exclusively license its registered trademark. Therefore, many parties who are going to trade trademarks are a little confused, and they don't know whether to choose the transfer form or the exclusive license form to trade trademarks. I don't know what advantages and disadvantages my choice has brought.
What's the difference between trademark exclusive license and trademark transfer?
Trademark transfer is a legal act that the registered trademark owner transfers his registered trademark to others for exclusive use according to legal conditions and procedures and according to his own will.
Trademark license refers to the legal act of the owner of a registered trademark to merge and license others to use his registered trademark by signing a trademark license agreement.
The biggest difference between the transfer of a registered trademark and the exclusive license is the difference in ownership. The transfer of registered trademark is essentially the change of the subject of trademark right; No matter what form of trademark license, its essence is the expansion of trademark users.
In the transfer, the transferor transfers all the ownership, exclusive right, transfer right, use license right and legal litigation right of the registered trademark to the transferee; In the license, the licensee only enjoys the right to use the license.
In the transfer, the transferee no longer enjoys the trademark right and has no obligation to supervise the quality of the transferee's goods (or services); In the use license, the licensor continues to own the trademark right and has the obligation to supervise the quality of the goods (or services) that the licensee uses the trademark.
In addition, in the transfer, the transferee can freely decide the ownership and use period of the trademark on the premise of observing the Trademark Law; In licensing, the licensor and the licensee * * * determine the licensing period of the trademark.
The above content is mainly about the respective advantages of trademark exclusive license and trademark transfer. I hope everyone can get the answer from it, so as to find a more suitable way for their own enterprises. Welcome to forward the wonderful contents brought by Bajie Bian Xiao. It is Bian Xiao's pleasure to answer your questions!
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