The so-called trademark license means that the trademark owner separates part or all of its registered trademark rights and licenses them to others, and the licensor establishes a trademark license relationship with the licensee.
As we all know, companies need trademarks to produce trademarks. If the trademarks are too similar, it will constitute infringement. In fact, the use of trademarks needs to be registered, so that you can protect your own interests when others infringe. The trademark 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 licensing contract, it must be filed with the Trademark Office within the statutory period. The Trademark Office publishes the trademark license contract filing announcement in the Trademark Announcement.
In order to regulate trademark licensing activities, Article 43 of the new Trademark Law stipulates: "A trademark registrant may license others to use its registered trademark by signing a trademark license contract. The licensor shall supervise the licensee The licensee shall ensure the quality of the goods on which the registered trademark is used. If the registered trademark is used with permission, the name of the licensee and the origin of the goods must be indicated.
Trademark use filing requirements:
(1) Application documents that should be submitted
1. If a registered trademark is licensed to be used by one licensee, it should be submitted An application for registration of a trademark license contract.
2. If the applicant is a natural person, he or she should submit a copy of a valid document that can prove his or her identity (such as an ID card, etc.). If the applicant is a legal person or other organization, he or she should submit a business certificate with the official seal of the applicant. Copy of license.
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 go to the trademark registration hall by yourself, you should submit a copy of the ID card of the person in charge.
6. 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 shall sign or seal the contract. If the parties are legal persons or other organizations, the official seal of the applicant shall be affixed. Foreign legal persons or other organizations may be signed by their legal representative or authorized person.
3. The filling in the application form should meet the following requirements:
⑴The name of the licensor, registration certificate number, product or service name on the application form should be the same as that on the "Trademark Registration Certificate" The name of the registrant, registration number, product or service name are exactly the same.
⑵ The goods or services permitted for use shall not exceed the scope of goods or services approved in the "Trademark Registration Certificate".
⑶The 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. License period.
4. Terms for the licensor to supervise the quality of the goods used by the licensee using its registered trademark.
5. The licensee shall indicate the name of the licensee and the origin of the goods on the goods using the licensed trademark.
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