1. Brief description

After a trademark is approved for registration, the trademark registrant shall have exclusive rights to the trademark. If a trademark registrant licenses its registered trademark to others, it must sign a trademark license contract with the user regarding the use of the registered trademark. The licensor and the licensee shall, within 3 months from the date of signing the contract, submit the trademark license contract to the Trademark Office for filing. The licensor can directly go to the Trademark Registration Hall of the Trademark Office to register the trademark license contract, or entrust a nationally recognized trademark agency to register the trademark license contract.

2. Processing steps

(1) If a trademark agency is entrusted to handle the filing of a trademark license contract, the applicant can voluntarily choose any nationally recognized trademark agency to handle it. All trademark agencies registered with the Trademark Office are published in the "Agency" column.

(2) If the applicant goes directly to the trademark registration hall to apply for trademark registration, the applicant can follow the following steps: Prepare the application documents → Submit the application documents at the acceptance window of the trademark registration hall → After coding Print the barcode on the receipt at the window → Pay the filing fee at the payment window → Receive the trademark license contract filing notice

3. Preparation of application documents

(1) Applications to be submitted Documents

1. To license a registered trademark to one licensee, an application for filing a trademark license contract should be submitted.

2. If the applicant is a natural person, he should submit a copy of a valid document that can prove his identity (such as an ID card, etc.).

3. A copy of the trademark license contract, or a notarized copy of the trademark license contract.

4. If the contract is written in a foreign language, the corresponding Chinese translation shall be attached.

5. If you entrust a trademark agency to handle the matter, you should also submit a trademark agency power of attorney.

(2) Specific requirements

1. All documents should be written neatly and clearly, and the filing application should be printed with a typewriter.

2. Both parties to the license contract must stamp their respective seals on the contract. If there is no seal, the contract must be signed by the legal representative.

3. The filling in the application form should meet the following requirements:

(1) The name of the licensor, registration certificate number, product or service name on the application form should be consistent with the "Trademark Registration Certificate" The name of the registrant, registration number, and name of the product or service are exactly the same.

(2) The products permitted for use shall not exceed the scope of products approved in the "Trademark Registration Certificate".

(3) The period of licensed use shall not exceed the validity period on the Trademark Registration Certificate.

(3) The trademark license contract must have the following terms:

(1) The licensed trademark name and its registration certificate number.

(2) Scope of licensed goods and services.

(3)Period of licensed use.

(4) Method of providing the registered trademark logo used by the licensee.

(5) Terms for the licensor to supervise the quality of the goods used by the licensee using its registered trademark.

(6) The licensee shall indicate the name of the licensee and the origin of the goods on the goods using the licensed trademark.

IV. Trademark license contract filing fee A fee of 300 yuan should be paid to the Trademark Office for each trademark license contract filing application. If a trademark agency is entrusted to handle the matter, the applicant shall pay the filing fees and agency fees to the trademark agency. The filing fees collected by the Trademark Office will be deducted from the advance payment of the trademark agency.

5. Receipt of the Notice of Registration of the Trademark License Contract. If the application for registration of the trademark license contract is complete and meets the relevant provisions of the registration of the trademark license contract, the Trademark Office will file it and send it to you by mail. The notice is sent to the applicant or his agent.

VI. Notes

1. The licensor must be the owner of the registered trademark, and the licensee can be a natural person, legal person or other organization.

2. The filing procedures for the trademark license contract shall be handled by the licensor.

3. If a licensee is licensed to use multiple trademarks through one contract, the licensor shall submit an "Application for Registration of Trademark License Contract" according to the number of trademarks, but may only submit one trademark A copy of the license contract.

4. If multiple licensees are licensed to use a trademark through one contract, the licensor shall submit an "Application for Registration of Trademark License Contract" according to the number of licensees, but it may only submit one application. A copy of the trademark license contract.

5. In the trademark license contract signed between the licensor and the licensee, if both parties agree on the content that the licensee can license to a third party, or the licensor issues a separate With a letter of authorization allowing sublicense, the licensee can sublicense a third party to use the licensor's registered trademark. The filing procedure for a trademark sublicense contract is the same as the filing procedure for a trademark licensing contract. After the sublicense contract is filed, the Trademark Office will make an announcement, in which the licensor is the sublicensee.

6. If the trademark registrant changes the name of the registrant and applies for trademark renewal without the approval of the Trademark Office, he only needs to submit the Trademark Office acceptance notice and the change certification documents issued by the enterprise registration authority along with the filing materials. , that is, the registration can be handled in the name of the changed registrant.

7. When the trademark transfer application has not been approved by the Trademark Office, the trademark license contract cannot be filed in the name of the transferee.

8. For trademark licensing contract filing applications that do not meet the requirements, the Trademark Office will not accept it or notify the licensor to make corrections. The licensor shall, within one month from the date of receipt of the notice, make corrections according to the content specified by the Trademark Office and submit the notice of correction by mail or directly to the Trademark Office.

9. Once a trademark license contract concluded in accordance with the law takes effect according to the agreed time and conditions, it will be legally binding on the parties to the contract. Whether a trademark license contract is filed or not has no impact on the legal validity of the contract itself. However, if the parties to the contract, when entering into a trademark license contract, explicitly agree that the trademark license contract must be filed with the Trademark Office as a condition for the contract to take effect, then the unrecorded contract shall not be legally effective.

10. If the trademark license contract is terminated early, the licensor and the licensee shall, within 3 months from the date when both parties sign a termination agreement or the court or arbitration authority makes a termination decision, the licensor shall mail Or submit it directly to the Trademark Office for filing.

11. The registration announcement of the trademark license contract is published in the second issue of the "Trademark Announcement" published every month. The main contents are: trademark registration number, trademark, name of licensor and licensee, license Use of products, license period, etc.

12. If the applicant entrusts a trademark agency to handle the matter, the Trademark Office will not directly have any correspondence with the applicant, and all documents will be sent to the trademark agency.

7. Sample text of trademark license contract

Trademark license contract

(model text)

Contract number:

Signing location:

Trademark licensee (Party A)

Trademark licensee (Party B)

According to the "People's **In accordance with the provisions of Article 40 of the Trademark Law of the People’s Republic of China and Article 43 of the Implementing Regulations of the Trademark Law, Party A and Party B shall abide by the principles of voluntariness and good faith and sign this trademark license contract through consultation and consensus.

1. Party A authorizes Party B to use the trademark No. 2 registered by Party B for use on products of category B.

2. The form of licensed use (exclusive, exclusive, general).

3. The license period starts from the year, month, and ends on the year, month, and day. After the contract expires, if the use time needs to be extended, Party A and Party B shall renew the trademark use license contract separately.

IV. Party A has the right to supervise the quality of the goods using the registered trademark of Party B, and Party B shall ensure the quality of the goods using the registered trademark. The specific measures are.

5. Party B must indicate its company name and the origin of the goods on the goods using the registered trademark.

6. Party B shall not arbitrarily change the text, graphics or combination of Party A’s registered trademark, and shall not use Party A’s registered trademark beyond the scope of the licensed products.

7. Without Party A’s authorization, Party B shall not license Party A’s registered trademark to a third party for use in any form or for any reason.

8. Method of providing registered trademark logo:

9. License fee amount, calculation method and payment method:

10. Trademark license contract in advance Conditions for termination.

11. When this contract is terminated, Party B shall immediately terminate the use of the trademark, and the remaining trademark logos shall be; the goods bearing the trademark circulating in the market shall be withdrawn from the market within months.

12. Liability for breach of contract:

13. Dispute resolution methods:

14. Other matters:

This contract is in one copy Three months from the date of signing, Party A shall submit it to the Trademark Office for filing.

Trademark licensee (Party A) Trademark licensee (Party B)

(Signature and seal) (Signature and seal)

Legal representative Legal representative Representative

Address

Postal code

Year, month, day

8. Special statement

The above content It is not an official document issued by the State Administration for Industry and Commerce or the Trademark Office of the State Administration for Industry and Commerce. Therefore, all contents are for guidance and do not have any legal binding force.