After the subject of the trademark right changes, the validity of the trademark license contract
The change of the subject of the trademark right mainly refers to the following three situations: first, the trademark transfer; Second, the name of the trademark registrant changes; The third is the disappearance of the trademark subject. Generally speaking, the transfer of the trademark right or the change of the name of the trademark registrant does not affect the existence of the trademark right itself: even if the subject of the trademark right dies, if it is cancelled without a certain time limit and legal procedures, its trademark right still exists. Since trademark licensing is a civil act of both parties on the basis of fairness, voluntariness and mutual benefit, once it happens, it will be protected. Even if one of the parties changes, it will not affect the establishment of the contractual relationship and the continuation of the behavior. The trademark right as intangible property is equivalent to the lease contract of tangible property in this respect, and the change of ownership during the lease period does not affect the validity of the lease contract. However, in two cases, if the subject of trademark right changes, the licensee shall not continue to use the registered trademark, otherwise it will constitute trademark infringement or impersonation as a registrar: first, the parties have other special agreements, such as a conditional or time-limited trademark license contract; Second, the licensing contract itself is defective, such as exceeding the validity period, exceeding the scope of goods, changing the contents of trademarks on its own, etc.