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Briefly describe the types of licensed uses of trademark rights and the licensee’s litigation status in trademark infringement

Legal analysis: The types of trademark licenses generally include: (1) Ordinary license: in the form of "small profits but quick turnover"; (2) Exclusive license: exclusive use against the trademark owner; (3) Exclusive Licensing: concurrent use by the trademark owner and the licensee

When the exclusive right to use a registered trademark is infringed, the licensee of the exclusive use license contract can file a lawsuit with the People's Court: the licensee of the exclusive use license contract The licensor can sue together with the trademark registrant. It is also possible to initiate litigation without the trademark registrant suing: the licensee of a general use license contract may initiate litigation if expressly authorized by the trademark registrant.

In trademark infringement cases. A trademark licensee files a lawsuit in court because the right to use the trademark obtained through a license from the trademark registrant is infringed upon. The purpose is to protect its own rights and interests, so it is natural to litigate in its own name. If Qingqiu is supported, he will also receive compensation from the infringer. Already discussed above. In general trademark infringement cases, the infringement infringes upon the right to use the trademark. rather than trademark ownership. Licensees who have obtained the right to use a trademark in accordance with legal procedures, regardless of the licensing method, can request the court to adjudicate the illegal infringer's infringement in their own name on the grounds that the right to use the trademark has been infringed, and request an end to the infringement. , compensation, and protection of the legal environment for the exercise of one's own trademark use rights.

Judging from the relationship with the case, the trademark licensee obviously has a direct interest in the case. Traditional property rights are exclusive, but the distinguishing features of intellectual property are intangibility and reproducibility. Once the licensee obtains the corresponding legal rights and assumes the corresponding legal obligations according to the license contract, he can exercise the right to use the trademark within a certain time and area in accordance with the contract. The exercise of his rights is the same as that of the trademark owner. When an illegal infringement behavior destroys the environment for the licensee's legally obtained trademark use rights, his rights are directly infringed like the trademark owner. Once the infringement is confirmed, the fact that the licensee's right to use is affected is also recognized.

When the court awards compensation to the illegal infringer. The trademark licensee should be the subject of compensation; when the court determines that the defendant's behavior does not constitute infringement, the trademark licensee cannot file another lawsuit for the same reason. If the litigation status of the licensee in a general license or an exclusive license is excluded, so that the licensee cannot demand compensation from the infringer through active litigation, but only exists in a position dependent on the trademark owner, this will invisibly reduce the Costs of crime for trademark infringers. It can be seen that the trademark licensee fully meets the qualifications of a party to civil litigation under civil law.

Legal basis: "Trademark Law of the People's Republic of China" Article 4 If a natural person, legal person or other organization needs to obtain the exclusive right to trademark for its goods or services in the course of production and business activities, it shall apply to the Trademark Law of the People's Republic of China for its goods or services. Apply for trademark registration with the Trademark Office. The provisions of this Law regarding commodity trademarks shall apply to service trademarks.