Current location - Trademark Inquiry Complete Network - Trademark inquiry - What are the procedures for trademark licensing contracts and what are the precautions for trademark licensing contracts?
What are the procedures for trademark licensing contracts and what are the precautions for trademark licensing contracts?
A: The filing system of trademark license contract is a legal term, which means that according to the third paragraph of Article 40 of the Trademark Law, after a trademark license contract is signed, it shall be filed with the Trademark Office within the statutory time limit. The Trademark Office published an announcement on the filing of trademark licensing contracts in the Trademark Announcement. Note: 1. The licensor must be the registered trademark owner or the licensor authorized by the registered trademark owner, and the licensee can be a natural person, legal person or other organization. 2, trademark licensing contract filing procedures shall be handled by the licensor. 3. If the licensee is licensed to use more than one trademark through one contract, the licensor shall submit an application for filing the trademark license contract according to the number of trademarks, but only one copy of the trademark license contract can be submitted, and other applications shall submit a copy of the contract, and indicate the location of the original contract. 4. If multiple licensees are licensed to use a trademark through one contract, the licensor shall submit an application for filing the trademark license contract according to the number of licensees, but only one copy of the trademark license contract can be submitted. The trademark registrant may authorize the licensee to sublicense the trademark to a third party in the license contract, or issue a corresponding power of attorney to authorize the licensee to sublicense the trademark to a third party. Where a licensee sublicenses a registered trademark to a third party, it shall submit the original contract signed with the original licensor that allows it to use the registered trademark to a third party, or the original licensor shall issue a corresponding power of attorney. If the above-mentioned contract or power of attorney has been filed in the Trademark Office, Licensor shall still submit the original or notarized copy of the above-mentioned contract or power of attorney when filing a new sub-license. In the case of multiple sub-licenses, the licensor shall submit a copy of the contract, the original power of attorney or a notarized copy of the trademark from the first license to the current license when handling the sub-license filing. 6. When the trademark transfer application is not approved by the Trademark Office, the trademark license contract cannot be filed in the name of the transferee. 7. The Trademark Office will not accept the application for filing a trademark license contract that does not meet the requirements or notify the licensor to make corrections. The licensor shall, within 1 month from the date of receiving the notice, make corrections according to the contents specified by the Trademark Office, and send them to the Trademark Office by mail or directly. 8. A legally concluded trademark license contract shall be legally binding on the parties to the contract once it comes into effect at the agreed time and conditions. Whether the trademark license contract is filed or not does not affect the legal effect of the contract itself. However, when concluding a trademark license contract, the parties to the contract clearly agreed that filing the trademark license contract with the Trademark Office was the condition for the contract to take effect. 9. Where the trademark license contract is terminated in advance, the licensor and the licensee shall file with the Trademark Office for the record within 3 months from the date when the two parties sign the termination agreement or the court or arbitration organ makes the termination decision. 10. The filing announcement of the trademark license contract is published in the second issue of Trademark Announcement published every month, with the main contents as follows: trademark registration number, trademark, name of licensor and licensee, licensed goods, licensed use period, etc. 1 1. The trademark license contract is filed through the trademark agency, and the Trademark Office sends the relevant documents to the trademark agency. 12. To apply for changing the trademark license contract, a certificate of change issued by the enterprise registration authority shall be submitted. Matters needing attention