Do you know when the filing time of trademark licensing contract will start? And what should I do to file a trademark license? Xiaobian shares the filing time of the sorted trademark license with everyone, welcome to read, for reference only!

time for filing the trademark license contract

If another person is licensed to use a registered trademark, the licensor shall submit a copy of the contract to the Trademark Office for filing within 3 months from the date of signing the trademark license contract. When submitting for the record, the licensor shall submit the Record Form of Trademark License Contract, a copy of Trademark License Contract and a copy of Trademark Registration Certificate, and pay the record fee in accordance with the regulations.

how to file a trademark license

1. If a trademark agency is entrusted to file a trademark license contract, the applicant can voluntarily choose any trademark agency recognized by the state to handle it. All trademark agencies registered with the Trademark Office are published in? Agency? In a column.

2. if the applicant directly goes to the trademark registration hall to apply for trademark registration, the applicant can follow the following steps: (1) prepare the application form

(2) submit the application form in the acceptance window of the trademark registration hall

(3) type the barcode in the coding window

(4) pay the filing fee in the payment window

(5) collect the filing notice of the trademark license contract. Trademark licensing contract? Article 4 of China's Trademark Law and Article 43 of the Regulations for the Implementation of the Trademark Law clearly require the licensor to perform? For the record Procedures, but it does not involve the legal effect of trademark licensing contract filing. Article 19 of the Interpretation of Several Issues Concerning the Application of Laws in the Trial of Trademark Civil Disputes (hereinafter referred to as the Judicial Interpretation) promulgated by the Supreme Court of China and implemented on October 16, 22 makes up for the shortcomings of the existing legal provisions. This article has two paragraphs, namely:

If the trademark license contract has not been filed, it will not affect the validity of the license contract, unless otherwise agreed by the parties.

if the trademark license contract is not filed in the trademark office, it shall not be opposed to a bona fide third party.

Notes for filing trademark licensing contracts

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 trademark licensing contract filing procedures shall be handled by the licensor.

3. If a licensee is licensed to use more than one trademark through one contract, the licensor shall submit an Application for Filing a Trademark License Contract according to the number of trademarks, but only one copy of the trademark license contract may be submitted.

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

5. In the trademark licensing 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 separately issues a power of attorney to the licensee to allow sublicense, the licensee can sublicense the registered trademark of the licensor to a third party. The filing procedure of a trademark sublicense contract is the same as that of a trademark license contract. After the sublicense contract is put on record, the Trademark Office shall make an announcement, in which the licensor is the sublicenser.

6. If a trademark registrant changes the name of the registrant and applies for trademark renewal without the approval of the Trademark Office, it can file the registration in the name of the changed registrant as long as it submits the notice of acceptance from the Trademark Office and other supporting documents issued by the enterprise registration authority with the filing materials.

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

8. The Trademark Office will not accept the application for filing a trademark license contract that does not meet the requirements or notify the licensor to make corrections. The licensor shall, within one month from the date of receiving the notice, make corrections according to the contents specified by the Trademark Office, and send them to the Trademark Office by mail or directly together with the notice of correction.

9. Once a legally concluded trademark license contract comes into effect according to the agreed time and conditions, it is legally binding on the parties to the contract. Whether the trademark license contract is filed or not has no influence on the legal effect of the contract itself. However, if the parties to a contract clearly stipulate that the trademark license contract shall be filed by the Trademark Office as a condition for the contract to take effect when concluding the trademark license contract, the unregistered contract shall have no legal effect.

1. If the trademark license contract is terminated in advance, the licensor and the licensee shall, within 3 months from the date when the two parties sign the termination agreement or the court and arbitration organ make the termination decision, send it by mail or directly submit it to the Trademark Office for filing.

11. The filing announcement of trademark license contract is published in the second issue of Trademark Announcement published every month, with the main contents as follows: trademark registration number, trademark, names of licensor and licensee, licensed goods, licensed use period, etc.

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

The above is the time for filing trademark licenses provided by Xiaobian for everyone, and I hope it will be helpful to everyone.

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