That is, the trademark registrant allows the licensee to use the registered trademark under the contract within the prescribed geographical scope.

At the same time, the trademark registrant reserves the right to use the registered trademark in the region and grants the right to use the registered trademark to a third party. This is the most familiar way for commercial brands to join the agency. Trademark registrants can choose more licensees to authorize trademarks in order to obtain benefits.

2. Exclusive license

This situation is also easy to understand. A trademark registrant can only choose one licensee for authorization, and the licensee has the right to exclude the use of a third party.

In this case, the trademark rights of the trademark registrant and the licensee are parallel, and the exclusive license can only exclude the third party from using the trademark in this area. In case of trademark infringement, the licensee may file a trademark infringement lawsuit with the trademark registrant * * *. If the trademark registrant fails to file a lawsuit or the lawsuit is slow, the licensee may file another lawsuit.

3. Exclusive license

Exclusive license means that the trademark registrant licenses the registered trademark to only one person within the time and area agreed in the contract, and the trademark registrant cannot use the registered trademark himself.

In this case, the licensee is equivalent to the "quasi-trademark owner". When a trademark is infringed, the licensee may independently file a trademark infringement lawsuit in its own name. Only when the time on the license contract expires can the trademark registrant use the trademark again.

4, trademark licensing laws and regulations

Article 43 of the Trademark Law of People's Republic of China (PRC)

A trademark registrant may authorize others to use its registered trademark by signing a trademark license contract. The licensor shall supervise the quality of the goods in which the licensee uses its registered trademark. The licensee shall guarantee the quality of the goods using the registered trademark.

Where a registered trademark of another person is used with permission, the name of the licensee and the place of origin of the goods must be marked on the goods using the registered trademark.

Where another person is licensed to use its registered trademark, the licensor shall report the licensing of the trademark to the Trademark Office for the record, and the Trademark Office shall make an announcement. Without filing, the trademark license shall not be used against bona fide third parties.

Article 7 1 of the Regulations for the Implementation of the Trademark Law of People's Republic of China (PRC) (Order No.358 of the State Council)

Violation of the provisions of the second paragraph of Article 43 of the Trademark Law shall be ordered by the administrative department for industry and commerce to make corrections within a time limit; Those who fail to make corrections within the time limit shall be ordered to stop selling, and those who refuse to stop selling shall be fined 65,438+10,000 yuan.