The right to use a trademark refers to the right of the trademark owner to exclusively use the registered trademark on the goods approved for use and obtain legitimate interests. The right to use any newly registered trademark is valuable. Because, to use a trademark exclusively on a product or service, you must go through the registration process, which requires payment of funds. That is to say, you must first pay a certain price to get such a right, and this price reflects the value of this right. This value is called the general value of trademark use right. Then, can the right to use a trademark be transferred to others?

1. Can the right to use the trademark be donated?

the use of a trademark can be either the owner's own use or the licensed use of a third party other than the owner. The Trademark Law stipulates that a trademark registrant may authorize others to use his registered trademark by signing a trademark license contract. The trademark license contract shall be filed with the Trademark Office within 3 months from the date of signing. Enterprises license others to use registered trademarks, usually by concluding a license contract, that is, issuing licenses. In the licensing relationship, the trademark owner or the person authorized to use the trademark is the licensor, and the other party is the licensee.

in practice, some trademark licensing contracts are independent licensing agreements, and quite a few are trademark licensing clauses contained in other contracts, such as trademark use provisions attached to technology transfer, franchising and other contracts. When signing a trademark use agreement, the enterprise may consider choosing one of the following three types: general license, that is, the form of "small profits but quick turnover", and the licensor allows the licensee to use the registered trademark under the contract within the specified geographical scope. At the same time, the licensor reserves the right to use the registered trademark in the area and grant the right to use the registered trademark to a third party. Exclusive license means the parallel use of the trademark owner and the licensee. In this case, in addition to the licensor giving the licensee the right to use its registered trademark, the licensee can also enjoy the right to exclude the use of the third party.

that is, the licensor may not give the same license to any third party, but the licensor reserves the right to use the same registered trademark. Exclusive license only excludes third parties from using the trademark in the territory. An exclusive license can counter the exclusive use of the trademark owner, and the licensee has the exclusive right to use the registered trademark authorized for use within the specified geographical scope. The licensor shall not license the same trademark to a third party, and the licensor shall not use the trademark in the territory. The royalty of exclusive license is much higher than other licenses, so only when the licensee considers the market effect of product competition and thinks that it is really necessary to use the trademark exclusively in a certain area will he ask for such license.

II. Legal Provisions

Article 185 of the Contract Law stipulates that a gift contract is a contract in which the donor gives his property to the donee free of charge and the donee expresses his acceptance of the gift. Obviously, the property in the gift contract includes tangible property and intangible property, and the trademark right is no exception, and the donee gets the property free of charge, that is, there is no need to pay the consideration.

therefore, what needs special attention here is the question of the donor exercising the right of revocation. Article 186 of the Contract Law stipulates that the donor may revoke the gift before the right to donate the property is transferred.

if it is necessary to give the right to use the trademark to others, it is best to make a gift contract and so on, so as to ensure that the right to use the trademark is really given to the other party.

so, is your trademark ready? If you are not ready, come to Bajie Intellectual Property Trademark Transfer Internet Cafe, and we will serve you wholeheartedly. You are welcome to visit and consult about trademark issues.