Refers to: According to Article 40, paragraph 3, of the Trademark Law, after signing a trademark license contract, it must be filed with the Trademark Office within the statutory period. The Trademark Office publishes the trademark licensing contract filing announcement in the Trademark Announcement.

Licensing the use of a registered trademark means that the trademark registrant allows others to use the trademark while retaining ownership. Of course, this use is subject to certain conditions.

Article 43 of the Trademark Law stipulates: 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.

When permitting others to use its registered trademark, the licensor shall submit its trademark use license to the Trademark Office for record, and the Trademark Office shall announce it. The trademark use license shall not be used against bona fide third parties without registration.

Article 69 of the "Regulations for the Implementation of the Trademark Law" stipulates: When licensing others to use its registered trademark, the licensor shall file and submit filing materials to the Trademark Office within the validity period of the license contract. The filing materials should describe the licensor and licensee of the registered trademark, the license period, the scope of licensed goods or services, and other matters.

Why is it necessary to register a trademark license?

(1) Registration of a trademark license can prevent investigation and punishment by the local industrial and commercial administration department. The licensee can use the trademark normally without infringement

(2) The registration of trademark license facilitates the Trademark Office’s management of the national trademark license situation. Through the registration review of trademark license, problems can be discovered, corrected in time, and updated. Safeguard the legitimate rights and interests of both parties. Trademark licensors and licensees can also announce the trademark use license status to the public through the "Trademark Announcement" to provide convenience for consumers to purchase goods.

(3) Trademark licensing registration can also be used as a way to use the trademark, and can effectively serve as a strong basis for the trademark to be withdrawn. Three, the trademark use certificate receipt is required.

(4) If the trademark use license is not submitted to the Trademark Office for filing, the following disadvantages may occur:

First, the trademark licensee may use the approved registered goods/services at will. ;

Secondly, the trademark licensee does not legally use the trademark according to the license period;

Thirdly, the trademark licensee does not pay attention to the quality of the trademark and uses it at will in counterfeit products. Counterfeit and inferior products damage the trademark and brand benefits of the original trademark rights.

Finally, if you do not file it with the Trademark Office, you will not be able to fight against a bona fide third party.

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