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On the exclusive license of trademark rights, can others use it after exclusive license?
Lawyer Ma Yingqiu answers: Hello, I'm glad to answer your question about the exclusive license of trademark rights. The exclusive license of trademark right is the exclusive use against the trademark owner, that is, within the prescribed geographical scope, the licensee enjoys the exclusive right to use the registered trademark authorized for use. The licensor shall not license the same trademark to a third party, and the licensor shall not use the trademark in the territory. The royalty of exclusive license is much higher than other licenses, so only when the licensee considers the market effect of product competition and thinks that it is really necessary to use the trademark exclusively in a certain area will he ask for such license. The legal status of the licensee is equivalent to that of a "quasi-trademark owner". When trademark infringement is found in the specified area, the licensee can directly sue the infringer as an "interested party". Then, can you license others to use it after exclusive license? The answer is: no, because the licensee only has the right to use the trademark and has no ownership of the trademark, so it can't license others to use it again. For example, if A is licensed to B, only B can use it, A can't use it, and no one else can use it. Of course, B can't license it to C. However, unless otherwise agreed in the contract.