Trademark licensing filing
Trademark license contract filing means that a trademark registrant can sign a trademark license contract and license others to use its registered trademark. The licensor shall supervise the quality of the goods in which the licensee uses its registered trademark. The licensee shall guarantee the quality of the goods using the registered trademark. Where a registered trademark of another person is used with permission, the name of the licensee and the place of origin of the goods must be marked on the goods using the registered trademark. Where another person is licensed to use its registered trademark, the licensor shall submit a copy of the contract to the Trademark Office for the record within 3 months from the date of signing the trademark license contract.
The filing of a trademark license contract may be entrusted to a trademark agency, or the licensor may directly apply for a trademark.
To file a trademark license contract, it is necessary to prepare a license contract; Identification documents of both parties (copy of business license or personal ID card); Copy of trademark registration certificate; Application for trademark license contract. Where an entrusted agency applies, a power of attorney shall be submitted.
After submitting the application, the Trademark Office will issue the Notice of Acceptance of Trademark License Contract Filing in about one month;
About three months later, the trademark license contract was filed, and the Trademark Office issued the trademark license contract for the record.
Benefits of trademark licensing filing
1, which can save some expenses.
There is no need to apply to the Trademark Office when the contract is terminated. But at the same time, there will be some problems. First of all, if the trademark is not filed, the licensee can use the trademark outside the scope of the goods; Secondly, if the trademark is unregistered, the licensee can use the trademark beyond the service period of the trademark, which is not conducive to the supervision of the licensor and is not protected by law, and may have an impact on the value of the changed trademark. In this case, the loss outweighs the gain. Damage to the licensor's own interests. The advantage of filing a trademark license contract is that it can avoid being rarely investigated by the local administrative department for industry and commerce. In addition, a third person (usually a competitor) may go to the industrial and commercial department to complain that the licensee has used the licensor's trademark without authorization and that the licensee has violated the licensor's registered trademark right, which may bring unnecessary trouble to the licensee.
3. It is convenient for the Trademark Office to manage the national trademark licensing situation. Through the filing and examination of trademark licensing contracts, problems can be found and corrected in time to better safeguard the legitimate rights and interests of both parties. Trademark licensors and licensees can also announce the licensing of trademark use to the public through trademark announcements to provide convenience for consumers to buy goods. Therefore, after filing, various problems caused by not filing can be reduced, and the normal use of trademarks by trademark licensees will not be affected, thus reducing unnecessary troubles.
Matters needing attention in trademark licensing filing
1, which shall be filed within 3 months from the date of signing the contract.
2. It cannot exceed the validity period of the licensed trademark.
3. Goods that cannot exceed the approved registered trademark shall not be put on record.
4. The licensing contract must include the following clauses: the licensed trademark and registration number; Scope of licensed commodities; Allowable service life; The way to provide the logo of the licensed trademark; The terms of the licensor's supervision over the quality of the goods in which the licensee uses its registered trademark; Use the registered trademark of the licensor to indicate the name of the licensee and the terms of origin of the goods on the goods.
To sum up, although the filing of trademark licensing contracts is not mandatory by law, it is better to file in the actual use process. Compared with not filing, the advantages outweigh the disadvantages, which is conducive to the development of enterprises and the protection of their own interests. The use of trademarks is also more standardized, which is conducive to protecting corporate brands and making it easier for consumers to choose products. Therefore, in the use of enterprise trademarks, it is very important to record the trademark license contract.
Is it necessary to file a trademark license?
You can't. Permission to use a registered trademark means that the trademark registrant allows others to use the trademark, while retaining the ownership. Of course, this use is conditional. In other words, the owner of a registered trademark remains unchanged, but under certain conditions, others can enjoy the right to use the trademark.
Trademark licensing requires signing a trademark licensing contract. A trademark license contract refers to a contract in which the trademark owner licenses his registered trademark to others and the licensee pays the fee. The registered trademark mentioned in the trademark license contract? Right to use? , not? Ownership? This is the difference between a trademark license contract and a trademark transfer contract, which means that his trademark subject has not changed.
According to the provisions of the Trademark Law and the Regulations for the Implementation of the Trademark Law, a copy of the trademark license contract should be submitted to the Trademark Office for filing within 3 months from the date of signing, rather than having to be filed. If the contract is not filed, the administrative department for industry and commerce will not investigate it, and neither the licensor nor the licensee will bear the corresponding legal responsibilities, nor will it affect the effectiveness of the contract.
The above is the trademark license filing provided by Bian Xiao. I hope it will help you.
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Trademark license