Current location - Trademark Inquiry Complete Network - Trademark registration - Can a trademark licensee sue the infringer alone?
Can a trademark licensee sue the infringer alone?
Lawyer Jiao Yating of Henan Daikin Law Firm replied: A company in Shanghai, that is, the trademark registrant, does not sue, and your company can bring a lawsuit to the people's court on its own. License for the use of a registered trademark refers to the civil legal relationship in which the trademark registrant permits others to use its trademark and the licensee pays the royalties according to the agreement. According to the different rights and obligations of licensor and licensee, it can be divided into exclusive use license, exclusive use license and general use license. Exclusive use license means that the trademark registrant licenses the registered trademark to only one licensee within the agreed period, region and method, and the trademark registrant may not use it again according to the agreement; Exclusive use license means that only one licensee is allowed to use it, and the trademark registrant may use it according to the agreement, but may not license others to use it alone; General license means that you can use it yourself or license it to others. According to the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Trademark Civil Disputes, the licensee of the exclusive license contract may bring a lawsuit when the exclusive right to use a registered trademark is infringed; The licensee of the exclusive use license contract may bring a lawsuit to the trademark registrant, or it may bring a lawsuit without the trademark registrant; With the express authorization of the trademark registrant, the licensee of the general license contract may bring a lawsuit. Judging from the situation of this case, your company signed an exclusive license contract, so according to the law, a company in Shanghai can only sue alone, but not alone.