1. Is it necessary to file a trademark license? Trademark license needs to be filed, and China's Trademark Law and Regulations on the Implementation of Trademark Law stipulate that trademark license contracts should be reported to the Trademark Office for filing. Where another person is licensed to use its registered trademark, the licensor shall submit a copy of the contract to the Trademark Office for the record within 3 months from the date of signing the trademark license contract. At this point, we found the source of the clause in the trademark license contract about filing with the Trademark Office. Elements and effective conditions of a trademark license contract A trademark license contract refers to a contract in which the exclusive owner of a trademark (trademark licensor) and the licensee of a trademark agree on the license of a registered trademark and related matters. In addition to the general contract terms agreed by both parties, a trademark license contract shall generally include the contents, scope, years and types of licensed trademarks. Unless otherwise agreed by both parties, the trademark license contract will take effect after being signed by the trademark licensor and the trademark licensee. Second, the resistance of the registered trademark license contract in practice, we can see that the trademark license contract generally contains such a statement: "This trademark license contract shall be submitted to the Trademark Office for filing within three months from the date of signing." Then, does the trademark licensing contract have to be filed? China's "Trademark Law" and "Regulations on the Implementation of Trademark Law" stipulate that a trademark license contract shall be reported to the Trademark Office for the record. Where another person is licensed to use its registered trademark, the licensor shall submit a copy of the contract to the Trademark Office for the record within 3 months from the date of signing the trademark license contract. At this point, we found the source of the clause in the trademark license contract about filing with the Trademark Office. However, if the trademark license contract is not filed, is it not valid? In this regard, the Supreme People's Court's "Interpretation on Several Issues Concerning the Application of Laws in the Trial of Trademark Civil Disputes" clearly stipulates that if a trademark license contract is not filed, it will not affect the effectiveness of the license contract, but it shall not be against a bona fide third party. It can be seen that the law of our country does not stipulate that the trademark license contract must be filed before it can be effective. Therefore, the validity conditions of the trademark license contract are the same as those of ordinary contracts. Generally speaking, the trademark license contract will be effective if both parties agree on their intentions, the formal contract law and the content are legal. However, if the trademark license contract is not filed in the Trademark Office, it shall not be against a bona fide third party, that is, if it is not filed, the licensing parties shall not claim the validity of the trademark license against a bona fide third party, provided that the third party should be bona fide. To help understand, we provide the following two cases: (1) For example, Party A is the exclusive owner of a registered trademark, and both parties have signed a trademark license contract in advance. But not long after, Party A and Party C (Party C didn't know about the existence of the trademark license contract) signed a contract to transfer the above-mentioned registered trademark, and submitted the contract to the Trademark Office to handle the relevant transfer registration procedures. At this time, Party B can't confront Party C in good faith with its prior trademark license, and its right remedy can only be to investigate Party A's liability for breach of contract. (2) For example, Party A and Party B signed a trademark license contract, which was not filed; Subsequently, Party A and Party C signed a trademark license contract, and the license type is exclusive license, which has been filed. In this case, Party C, as a bona fide third party, has the right to request exclusive use of the trademark, but Party B can't fight with its prior trademark license, and its right remedy can only be to investigate Party A's liability for breach of contract. In real life, if you want to use a trademark, you must get permission from others, otherwise it is an act of illegal infringement, which requires civil compensation. Therefore, after permission, you need to register. This registration is beneficial to the third party. If it is not registered, it will definitely be lacking in this respect.