The trademark licensing contract filing system is a legal term that refers to: According to Article 40, 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 editor has shared with you whether the trademark license needs to be registered. You are welcome to read it. It is for reference only!

Is it necessary to register the trademark license?

No. The license to use a registered trademark means that the trademark registrant allows others to use the trademark while retaining ownership of the trademark. Of course, this use is subject to certain conditions. That is to say, the owner of a registered trademark remains unchanged, but under certain conditions, others can enjoy the right to use the trademark.

Trademark licensing requires signing of a trademark license contract. A trademark license contract refers to a contract signed by a trademark owner who licenses his registered trademark to others and the licensee pays a fee. The trademark license contract refers to the "right to use" of the registered trademark, not the "ownership". This is the difference between the trademark license contract and the trademark rights transfer contract, which means that the subject of the trademark has not changed.

According to the provisions of the "Trademark Law" and the "Trademark Law Implementation Regulations", a copy of the "Trademark License Contract" must be submitted to the Trademark Office for filing within 3 months from the date of signing. Filing. If the contract is not filed, the industrial and commercial administration department will not investigate and deal with it, and neither the licensor nor the licensee will bear corresponding legal responsibilities, nor will it affect the effectiveness of the contract.

Contents of the trademark license contract

(1) Names and addresses of the licensor and licensee;

(2) The licensed trademark and its Registration number;

(3) Scope of goods for which the trademark is permitted to be used;

(4) Permitted use period (should not exceed the registration validity period of the licensed trademark);

< p>(5) The method of providing the logo of the licensed trademark;

(6) The terms for the licensor to monitor the quality of the goods for which the licensee uses its registered trademark;

(7 ) Clauses that indicate the name of the licensee and the origin of the goods on goods using the licensor's trademark.

Can a trademark license contract be effective without registration?

A trademark license contract can be effective without registration. According to legal provisions, a trademark license contract must be reported to the Trademark Office for filing. However, once a trademark license contract concluded in accordance with the law takes effect according to the agreed time and conditions, it will be legally binding on the parties to the contract. Whether a trademark license contract is filed or not has no impact on the legal validity of the contract itself. However, if the parties to the contract, when entering into a trademark license contract, explicitly agree that the trademark license contract must be filed with the Trademark Office as a condition for the contract to take effect, then the unrecorded contract shall not be legally effective. The relevant legal provisions are:

Article 40 of the Trademark Law of the People's Republic of China: A trademark registrant may license others to use its registered trademark by signing a trademark license contract. 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.

The trademark license contract shall be reported to the Trademark Office for filing. ?

The above is the answer to the content of the trademark license contract and whether the trademark license contract can be effective without registration. I hope it can solve your questions. The signing of a trademark license contract is very important for both parties, so the signing requires great caution to avoid unnecessary losses. In order to license quickly and safely, it is recommended that you consult a professional trademark lawyer. They have rich experience in trademark licensing and I believe they can give you better advice and help.

Things to note before trademark licensing

①The rights status of the trademark

First of all, it is necessary to check whether the licensed trademark is authorized and how long the rights protection period is. Or check whether the renewal registration was carried out in a timely manner after expiration. The exclusive right to trademark in my country is based on the principle of registration. If the trademark has not been registered or has not been renewed upon expiration, or has been revoked, it does not enjoy the protection of the exclusive right to trademark. Anyone can use it on similar or different types of goods, even Being preempted by others, thus affecting the sales of the goods in the market.

Although the transfer of an unregistered well-known trademark can prevent others from preemptively registering it according to the provisions of the Trademark Law, the determination of whether it is well-known is uncertain and the risk is high; of course, if the licensee is an unregistered well-known trademark, you will also enjoy the trademark Protection of exclusive rights. However, whether a trademark is well-known is in a state of flux, and the rights are unstable. It is best to transfer well-known trademarks that have been recognized by the Trademark Office or judicial authorities.

If the trademark is still in the process of application, you should be careful whether to accept the transfer. Trademark registration in my country follows the principle of substantive review and must meet the conditions stipulated in the Trademark Law before it can be authorized. The number of trademark applications is very large, junk trademarks are rampant, and the trademark review backlog is serious. The smoothest trademark registration cycle can be as long as three years. If the trademark opposition procedure is passed, the trademark registration cycle can be as long as more than 10 years. If you are assigned or licensed a trademark that is in the application process, you will face huge risks, because the legal status of such a trademark is unstable and may not be registered due to lack of distinctiveness, infringement of prior rights, etc.

If a trademark has been authorized but is in dispute and there is a risk of being revoked, it is best to wait for the outcome before deciding whether to assign or use it.

②The owner of the trademark rights

Only the trademark owner or his specially authorized agent has the right to authorize the use of the trademark. Before making a transaction, you must check whether the trader is the real trademark owner. You can learn about the real rights owner by checking the trademark registration certificate, checking the trademark announcement or the China Trademark Network.

It should be noted that if the licensor itself is already the licensee of the trademark, it must be checked whether the right holder in the original license contract authorizes the licensee to transfer or license the licensed trademark again. If there is no agreement or the agreement is unclear in the license contract, the licensee has no right to sublicense or transfer. If the licensor itself is already the assignee of the trademark, be sure to check whether the original transfer contract has been reviewed and approved by the Trademark Office. The trademark transfer contract must be approved and announced by the Trademark Office, otherwise it will not be legally effective. At this time, the trademark transferee is not the real right holder and has no right to license or re-transfer the trademark.

③The scope of validity of trademarks

The exclusive right of a trademark is restricted by geography and is only protected by the exclusive right in the place of registration. Before being allowed to use, the company must check whether the trademark has been approved and registered in China. If the company's products are mainly for export, it must also check whether the trademark has been registered in the place of export. Otherwise, trademark infringement disputes may arise in the place where the product is sold.

The exclusive right to use a trademark shall be subject to the goods or services approved for use by the trademark. The rights holder shall not arbitrarily expand the scope of goods used by the trademark. If you want to use a registered trademark on different types of products, you must apply separately. The licensed enterprise must examine the products on which the right holder has been approved to use the trademark to prevent the right holder from licensing or transferring the trademark beyond the approved scope of use. Otherwise, infringement disputes may arise because others may have registered the same or similar trademark on different types of products. Similar trademarks.

The above is the information provided by the editor on whether a trademark license needs to be filed. I hope it can be helpful to everyone.

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