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What do you need to know about trademark licensing?

What do you need to know about trademarks? What are the precautions?

1. The licensor must be the registered trademark owner or a licensor authorized by the registered trademark owner. 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 Use Licensing Contract" according to the number of trademarks, but may only submit one trademark Use a copy of the license contract. For other applications, submit a copy of the contract and indicate where the original contract is located.

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. The trademark registrant can authorize the licensee in the license contract to sublicense the trademark to a third party, or issue a corresponding authorization letter authorizing the licensee to sublicense the trademark to a third party. . If the licensee is licensing a third party to use a registered trademark, it should submit the original contract signed between it and the original licensor that allows it to license the third party to use the trademark, or a corresponding authorization letter issued by the original licensor. If the above-mentioned contract or power of attorney has been filed with the Trademark Office, the licensor should still submit a copy of the above-mentioned contract or the original or notarized copy of the power of attorney when filing for a new sublicense. In the case of multiple sub-licensing, the licensor shall submit a copy of the contract and the original authorization letter or a notarized copy of the trademark from the first licensing use to the current licensing use when filing for sub-licensing.

6. 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.

7. 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.

8. 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 concluding the 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, there are exceptions.

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

10. The trademark license contract filing announcement 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.

11. The registration procedures for trademark license contracts are handled through trademark agencies, and the Trademark Office will send relevant documents to the trademark agencies.

12. When applying for a change in the registration of a trademark license contract, the change certification document issued by the enterprise registration authority should be submitted.