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Can trademarks be licensed to others?

1. General license

means that the trademark registrant allows the licensee to use the registered trademark under the contract within the specified geographical scope.

at the same time, the trademark registrant reserves the right to use the registered trademark in the region and grant the right to use the registered trademark to a third party. This is the way we are most familiar with commercial brand joining agents. Trademark registrants can choose more licensees to authorize trademarks to obtain benefits.

2. Exclusive license

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

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

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 a "quasi-trademark owner". When a trademark is infringed, the licensee can 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 License Law

Article 43 of the Trademark Law of the People's Republic of China

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.

anyone who uses another person's registered trademark with permission must indicate the name of the licensee and the place of origin of the goods on which the registered trademark is used.

if another person is licensed to use his registered trademark, the licensor shall report his trademark license to the Trademark Office for the record, and the Trademark Office shall make an announcement. A trademark license may not be used against a bona fide third party without filing.

Article 71 of the Regulations for the Implementation of the Trademark Law of the People's Republic of China (the State Council Order No.358)

violates the second paragraph of Article 43 of the Trademark Law, and the administrative department for industry and commerce shall order it to make corrections within a time limit; If it fails to make corrections within the time limit, it shall be ordered to stop selling, and if it refuses to stop selling, it shall be fined up to 1, yuan.