2. China's Trademark Law and the Regulations for the Implementation of the Trademark Law do not stipulate that the trademark license contract between the two parties without filing is invalid. It is only stipulated that the trademark license contract should be reported to the Trademark Office for the record.
3. In addition, the licensing contract is submitted for filing and filing, mainly for the reference and publicity of the third party and for the benefit of the third party. Therefore, if the trademark license contract is not submitted for filing and filing, the rights obtained by the contract licensee cannot be against a third party. According to the regulations, unless the law expressly stipulates that delivery for the record is the condition for the contract to take effect, the consequences of not delivering for the record according to law are generally recognized as not being able to confront a third party. This kind of treatment has no harm to both parties to the contract and the third party, nor does it affect the administrative organ to pursue the administrative responsibility of both parties to the contract.
4. In this case, the trademark license contract has not been filed, which does not affect the effectiveness of the contract. The registered trademark can be legally used from the date of signing the contract. However, if the trademark license contract is not filed with the State Trademark Office, it may not be used against a bona fide third party. It is best for an enterprise to bring relevant materials to the State Trademark Office for filing and registration after signing a trademark transfer contract.