Article 53 of the Trademark Law stipulates that in addition to bringing a lawsuit to the people's court for trademark infringement, the trademark registrant may also bring a lawsuit to the people's court.
(1) Types of trademark license
Article 40 of the Trademark Law stipulates trademark license, but it does not specify the type of license contract. Article 3 of Several Explanations solves this problem. This judicial interpretation aims at standardizing the form of trademark licensing contract in practice, solving the subject qualification problem of interested parties as plaintiffs in litigation, and laying a foundation for considering the constituent elements of licensing contract when applying tort damages. This article stipulates that the trademark use license stipulated in Article 40 of the Trademark Law includes the following three categories: (1) Exclusive use license means that the trademark registrant licenses the registered trademark to only one licensee within the agreed time limit, area and method, and the trademark registrant may not use the registered trademark as agreed; (2) Exclusive use license means that a trademark registrant licenses a registered trademark to only one licensee at the agreed time, area and manner. A trademark registrant may use the registered trademark as agreed, but may not license others to use the registered trademark alone; (3) General use license means that a trademark registrant permits others to use its registered trademark within an agreed period, in an agreed region and in an agreed manner, and can use the registered trademark by himself or authorize others to use its registered trademark.
(2) Litigation status of trademark licensor
Article 4 of Several Interpretations stipulates that "the interested parties stipulated in Article 53 of the Trademark Law include the licensee of the registered trademark license contract and the legal heir of the registered trademark property right." "When the exclusive right to use a registered trademark is infringed, the licensee of the exclusive license contract may bring a lawsuit to the people's court; The licensee of the exclusive use license contract may bring a lawsuit to the trademark registrant or bring a lawsuit on its own, and the trademark registrant will not bring a lawsuit; With the express authorization of the trademark registrant, the licensee who generally uses the license contract may bring a lawsuit. "
(three) the filing of the trademark licensing contract and the effectiveness of the contract.
Paragraph 3 of Article 40 of the Trademark Law stipulates that a trademark license contract shall be reported to the Trademark Office for the record. This is mainly to facilitate the State Trademark Office to manage the national trademark license, standardize the trademark use market, find problems in time, correct and solve them in time, and better safeguard the legitimate rights and interests of both parties.
(4) The validity of the trademark license contract before the transfer of the registered trademark.
Article 39 of the Trademark Law stipulates the transfer of registered trademarks and the legal procedures for the transfer. These legal procedures are as follows: first, the assignor and the assignee should sign an assignment agreement; Secondly, both parties apply to the Trademark Office at the same time, and the transferee shall guarantee the quality of the goods using the registered trademark; Thirdly, the transfer of a registered trademark must be approved by the Trademark Office. Finally, the transfer of a registered trademark shall be announced, and the transferee shall enjoy the exclusive right to use the trademark from the date of announcement.