1. General license

That is, the trademark registrant allows the licensee to use the registered trademark under the contract within the specified geographical scope.

At the same time, the trademark registrant reserves the right to use the registered trademark within the region and to grant third parties the right to use the registered trademark. This is the method used by the commercial brand franchise agents we are most familiar with. Trademark registrants can select more licensees to license their trademarks to obtain revenue.

2. Exclusive license

This situation is also easy to understand. The trademark registrant can only choose one licensee for authorization, and the licensee has the right to exclude third parties from using it. rights.

In this case, the rights of the trademark registrant and the licensee to use the trademark are concurrent, and the exclusive license can only exclude third parties from using the trademark in the region. If a trademark infringement occurs, the licensee can file a trademark infringement lawsuit together with the trademark registrant. When the trademark registrant does not file a lawsuit or is lazy to file a lawsuit, the licensee can file a lawsuit separately.

3. Exclusive license

Exclusive license means that the trademark registrant licenses the registered trademark to only one person for use within the time and region stipulated in the contract, and the trademark registrant himself also This registered trademark cannot be used.

In this case, the licensee is equivalent to a "quasi-trademark owner." When the trademark is infringed, the licensee can independently file a trademark infringement lawsuit in its own name. The trademark registrant can only use the trademark again after the time in the license contract expires.

4. Legal provisions on trademark licensing

Article 43 of the "Trademark Law of the People's Republic of China"

Trademark registrants can sign a A trademark license contract authorizes others to use its registered trademark. The licensor shall supervise the quality of the goods used by the licensee using its registered trademark. The licensee shall ensure the quality of the goods using the registered trademark.

If you use someone else's registered trademark with permission, you must indicate the name of the licensee and the place of origin of the goods on the goods using the registered trademark.

When permitting others to use its registered trademark, the licensor shall submit its trademark use license to the Trademark Office for record, and the Trademark Office shall announce it. The trademark use license shall not be used against bona fide third parties without registration.

Article 71 of the "Regulations on the Implementation of the Trademark Law of the People's Republic of China" (State Council Order No. 358)

Violation of Article 43, Paragraph 2 of the Trademark Law If it stipulates, the industrial and commercial administrative department shall order it to make corrections within a time limit; if it fails to make corrections within the time limit, it shall be ordered to stop sales; if it refuses to stop sales, it shall be fined not more than 100,000 yuan.