When an enterprise licenses others to use a registered trademark, it usually issues a license by signing a license contract. In a licensing relationship, the person authorized by the trademark owner to use the trademark is the licensor, and the other party is the licensee.

In practice, some trademark license contracts are independent license agreements, and some are trademark license terms included in other contracts, such as trademark usage regulations attached to technology transfer, franchising and other contracts. When signing a trademark use agreement, companies may consider choosing one of the following three types. What are the types of trademark usage categories?

(1) Exclusive use license

This license means that the trademark owner licenses the registered trademark to only one licensee within the agreed time, region and agreed method. Use, the trademark owner shall not use the registered trademark according to the agreement. That is to say, within the specified geographical scope, the licensee has the exclusive right to use the registered trademark authorized for use. The licensor cannot license the same trademark to a third party, nor can the licensor itself use the trademark in the region.

The royalties for exclusive licenses are much higher than the royalties for other licenses, so only when the licensee considers the effect in the product competition market and believes that it is really necessary to independently license the license in a certain area Use of the trademark requires such permission. In this case, the legal status of the licensee is equivalent to that of a quasi-trademark owner. When trademark infringement is discovered within the specified territory, the licensee can directly sue the infringer as an interested party.

(2) Exclusive use license

This license means that the trademark owner licenses the registered trademark to one licensee to use it at the agreed time, region and agreed method. The trademark owner may use the trademark in accordance with the agreement but may not otherwise license others to use the registered trademark. In this case, in addition to the licensor giving the licensee the right to use its registered trademark, the licensee may also enjoy the right to exclude third parties from using it. In other words, the licensor cannot grant the same license to any third party, but the licensor can retain the right to use the same registered trademark. An exclusive license simply excludes third parties from using the trademark in that territory.

(3) General use license

This license means that the trademark owner allows others to use its registered trademark within the agreed time, region and agreed method, and can also use it on its own Use the registered trademark and license others to use the registered trademark. That is to say, the licensor allows the licensee to use the registered trademark under the contract within the specified geographical scope. At the same time, the licensor reserves the right to use the registered trademark within the region and to grant third parties the right to use the registered trademark.

What are the types of trademark usage categories? We have answered this question for you here.