2. exclusive use license, which means that the licensor authorizes only one company to use the trademark except its own use within the agreed period and territory, and will not license it to a third party
3. general license.
What you said applies to the first form
Case
In June p>25, Zhao applied for the registration of the bamboo graphic trademark. Subsequently, Zhao signed a Trademark License Contract with Group A, which stipulated that Zhao would license the bamboo graphic trademark to Group A for exclusive use in mainland China, and the product range was clothing series. The use period was from June 1, 26 to May 31, 21, and the usage fee was 8, yuan per year. If Zhao breached the contract, he should pay a penalty of 3, yuan, and it was agreed that any dispute arising from the performance of the contract should be submitted to Quanzhou for arbitration. The contract was filed and registered by the State Trademark Office on June 19th of the same year.
In July p>26, Company A found that Company B used the bamboo trademark on pants. In the case of fruitless negotiation with Zhao, Company A filed an arbitration request with Quanzhou Arbitration Commission, demanding that Zhao stop licensing Company B to continue to use the trademark and bear the liability for breach of contract. Zhao said that as a trademark owner, he has the right to license others to use his own rights. And company A claims that it has exclusive license right.
The arbitral tribunal held that the Trademark License Contract signed by Zhao and Company A was legal and valid, and it was clearly stipulated in the contract that Company A had the exclusive right to use the trademark. Zhao once again licensed others to use the trademark and should bear the corresponding liability for breach of contract. Under the mediation of the arbitration tribunal, Zhao agreed to terminate the trademark license contract signed with Company B and pay a one-time penalty of 8, yuan to Company A..
Case Comments
According to Article 3 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Trademark Civil Disputes, "The trademark use license stipulated in Article 4 of the Trademark Law includes the following three categories: (1) Exclusive use license means that the trademark registrant licenses the registered trademark to only one licensee in the agreed period, region and manner, and the trademark registrant may not use the registered trademark according to the agreement". Therefore, it is a breach of contract for Zhao to license Company B to use the trademark again.