What is trademark licensing filing? What materials are required for trademark licensing filing? The editor will share with you the compiled trademark licensing filing. Welcome to read, for reference only!

Trademark use The licensing contract filing system is a legal term that refers to: According to Article 43, paragraph 3, of the Trademark Law, after signing a trademark license contract, it must be filed with the Trademark Office within the statutory period.

What are the trademark licensing filing materials

(1) Copy of trademark registration certificate

(2) Trademark license contract

( 3) Copies of business licenses or ID cards of the licensor and the licensee

(4) Application for filing of trademark license contract.

If you entrust an agency, you must also have a trademark agency power of attorney stamped with the company's official seal.

The filing of a human drug trademark license contract shall be accompanied by a valid certification document obtained by the licensee from the health administrative department.

The filing of a trademark license contract for cigarettes, cigars and packaged cut tobacco shall be accompanied by a valid certificate of production location approved by the national tobacco authority obtained by the licensee.

Foreign language contracts are also accompanied by Chinese translations.

Is it necessary to register a trademark license?

No. The license to use a registered trademark means that the trademark registrant allows others to use the trademark while retaining ownership of the trademark. Of course, this use is subject to certain conditions. That is to say, 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 of a trademark license contract. A trademark license contract refers to a contract signed by a trademark owner who licenses his registered trademark to others and the licensee pays a fee. The trademark license contract refers to the "right to use" of the registered trademark, not the "ownership". This is the difference between the trademark license contract and the trademark rights transfer contract, which means that the subject of the trademark has not changed.

According to the provisions of the "Trademark Law" and the "Trademark Law Implementation Regulations", a copy of the "Trademark License Contract" must be submitted to the Trademark Office for filing within 3 months from the date of signing. Filing. If the contract is not filed, the industrial and commercial administration department will not investigate and deal with it, and neither the licensor nor the licensee will bear corresponding legal responsibilities, nor will it affect the effectiveness of the contract.

What are the benefits of trademark licensing registration?

(1) It can save some costs.

(2) There is no need to apply to the Trademark Office when the contract is terminated. But at the same time, some problems will also arise. First, if the trademark is not registered, the licensee can use the trademark beyond the scope of the goods; secondly, if the trademark is not registered, the licensee can use the trademark beyond the term of the trademark. These are not conducive to the supervision of the licensor and will not be protected by law. It is possible that It will have an impact on the value of the modified trademark, so the gain will outweigh the loss. causing harm to the licensor's own interests. The advantage of filing a trademark licensing contract is that the filing of the contract can prevent local industrial and commercial administration departments from investigating and punishing individual cases. In addition, a third party (usually a competitor) may file a complaint with the industrial and commercial department, claiming that the licensee is using the licensor's trademark without authorization. If the licensee infringes upon the licensor's registered trademark rights, the licensee may be Cause unnecessary trouble.

(3) Facilitate the Trademark Office’s management of national trademark licensing situations through the filing and review of trademark licensing contracts, identify problems, and promptly correct them to better safeguard the legitimate rights and interests of both parties. Trademark licensors and licensees can also announce the trademark use license status to the public through the "Trademark Announcement" to provide convenience for consumers to purchase goods. Therefore, after registration, the occurrence of various problems caused by failure to register can be reduced, and the normal use of the trademark by the trademark licensee will not be affected, reducing unnecessary trouble.

The above is the trademark license filing provided by the editor, I hope it can be helpful to everyone

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