Trademark holders can issue trademark licenses to others, so that they can authorize others to use your trademark legally, but in fact, trademark licenses need to be filed, otherwise it will have serious consequences. What are the legal consequences of not applying for trademark license filing?
if a trademark license contract is not reported to the trademark office for the record, it will not affect the validity of the license contract, unless otherwise agreed by the parties. That is to say, when confirming the validity of the trademark license contract, there is no need to confirm the invalidity of the license contract if the filing procedures are not handled. If the parties agree to go through the filing procedures before the contract comes into effect, they shall do so in accordance with the agreement and confirm that the licensing contract is invalid.
what are the legal consequences of not applying for trademark registration?
according to the relevant judicial interpretation, a trademark licensing contract that has not gone through the filing formalities shall not be opposed to a bona fide third party. The so-called bona fide third party refers to the person who doesn't know (doesn't know, shouldn't know) about the unregistered trademark license contract. Non-confrontation means that the trademark license contract has not been put forward in advance, and the validity of the contract concluded between a bona fide third party and the registered trademark owner cannot be countered. In other words, the legitimate rights and interests of bona fide third parties should be protected according to law.
For example, Party A and Party B signed a trademark license contract, stipulating that Party B would monopolize the use of the trademark, but did not file it with the Trademark Office.
thereafter, party a and party c signed a license contract for the use of the same trademark and reported it to the trademark office for the record. Therefore, although Party B has the right to use the trademark exclusively according to the contract, it cannot confirm that the contract signed by Party A and Party C is invalid according to the requirements of the agreement signed with Party A..
The above is about "What are the legal consequences of not applying for trademark license for filing?" Bajie Intellectual Property Trademark Network is a professional and experienced platform engaged in trademark agency for 17 years. If you need to obtain the right to use a trademark, the website suggests that you choose a trademark transaction to obtain a registered trademark.