General trademark licenses can be sublicensed. General trademark use license means that the licensor authorizes the licensee to use its registered trademark on designated goods within a certain period and region; at the same time, the licensor can also license a third party to use the registered trademark.
According to regulations, if someone else is licensed to use a registered trademark, the name of the licensee and the place of origin of the goods must be marked on the goods using the registered trademark. Anyone who violates the above provisions and fails to indicate the name of the licensee and the origin of the goods shall be ordered by the industrial and commercial administrative department to make corrections within a time limit; if the correction is not made within the time limit, the trademark and logo shall be confiscated; if the trademark and logo are difficult to separate from the goods, they shall be confiscated and destroyed together.
Trademark licensing refers to the act of a trademark registrant allowing others to use its registered trademark through legal procedures. Usually by entering into a license contract. Types include general license, exclusive license, and exclusive license.
Trademark rights are the property rights enjoyed by enterprises over registered trademarks, but in order for a registered trademark to become an industrial property right and create real or obtainable benefits for the enterprise, it must be used. The use of a trademark first means that the trademark is directly attached to the product, product packaging or container and marketed in the market. In addition, the use of trademarks in commodity transaction documents, or for commercial purposes in advertising, exhibitions, and other business activities, also constitutes use.
The use of a trademark can be either the trademark owner’s own use or the trademark owner’s licensed use by a third party other than the trademark owner. Trademark license is a very important right in trademark ownership. If used properly, enterprises can benefit a lot. Companies should pay attention to this.
Article 42 of the "Trademark Law of the People's Republic of China" When transferring a registered trademark, the transferor and the transferee shall sign a transfer agreement and file an application with the Trademark Office at the same time. The transferee shall ensure the quality of the goods using the registered trademark.
When transferring a registered trademark, the trademark registrant shall transfer all similar trademarks registered on the same goods, or identical or similar trademarks registered on similar goods.
For transfers that are likely to cause confusion or have other adverse effects, the Trademark Office will not approve the transfer and will notify the applicant in writing and explain the reasons.
After the transfer of a registered trademark is approved, it will be announced. The assignee shall enjoy the exclusive right to use the trademark from the date of announcement.