Hello, if the trademark license is not filed with the Trademark Office, the license contract will not be able to confront the envious third party. What does this mean? thank you
A: The so-called bona fide third party refers to a party other than the party to the trademark license contract who is not at fault in the transaction with the trademark exclusive right holder. No-fault means not knowing the license of unregistered trademarks. The so-called "non-confrontation" refers to the validity of the unregistered trademark license contract concluded in advance, and it cannot be against the validity of the future contract concluded between a bona fide third party and the trademark exclusive right holder. In other words, the legitimate rights and interests of bona fide third parties should be protected according to law. For example, the parties to the prior trademark license contract agreed on an exclusive license contract, and the licensee of the subsequent trademark license contract did not know that the prior contract was not filed, that is, it belonged to a bona fide third party. In this other case, the licensee who uses the license contract first may not ask the relevant department to confirm that the trademark use behavior of the licensee who uses the license contract later is invalid just because it is an exclusive licensee. Trademark licensing and trademark office