The licensee of an exclusive use license contract may file a lawsuit with the People's Court; the licensee of an exclusive use license contract may file a lawsuit together with the trademark registrant, or may file a lawsuit if the trademark registrant does not file a lawsuit. Under certain circumstances, the party may initiate a lawsuit on its own; the licensee of a general license contract may file a lawsuit if expressly authorized by the trademark registrant.
Interpretations of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Civil Trademark Dispute Cases Article 4 Interested parties specified in Article 53 of the Trademark Law include licensees of registered trademark license contracts , the legal successor of the registered trademark property rights, etc.
When the exclusive right to use a registered trademark is infringed, the licensee of the exclusive use license contract may file a lawsuit with the People's Court; the licensee of the exclusive use license contract may file a lawsuit together with the trademark registrant*** , or may initiate a lawsuit on its own without the trademark registrant filing a lawsuit; the licensee of a general use license contract may file a lawsuit if expressly authorized by the trademark registrant.
Extended information:
In order to correctly hear trademark dispute cases, according to the "General Principles of the People's Republic of China and Civil Law", "The Contract Law of the People's Republic of China", " According to the provisions of the Trademark Law of the People's Republic of China, the Civil Procedure Law of the People's Republic of China and other laws, several issues concerning the applicable law are explained as follows:
Article 1 The following acts are trademarks Acts that cause other damage to the exclusive rights of others’ registered trademarks as stipulated in Article 52 (5) of the Law: The prominent use of a trade name on the same or similar goods may easily cause misunderstanding among the relevant public;?
(2) Copying, imitating, or translating a well-known trademark registered by others or its main parts in different or inconsistent terms; Use as a trademark on similar goods, misleading the public, causing the interests of the well-known trademark registrant to be harmed;?
(3) Registering the same or similar words as other people’s registered trademarks as domain names, and E-commerce transactions of related goods through this domain name may easily lead to misunderstanding by the relevant public.
Article 2: In accordance with the provisions of Article 13, Paragraph 1 of the Trademark Law, copying, imitating, or translating another person’s well-known trademark that has not been registered in China or its main part, and using it as a trademark on the same or similar goods , which is likely to cause confusion, shall bear civil legal liability to stop the infringement.
Baidu Encyclopedia - The Supreme People’s Court’s Applicable Laws in the Trial of Trademark Civil Disputes Cases