In the licensing relationship, the trademark owner or the person authorized to use the trademark is the licensor and the other party is the licensee.
In fact, some trademark licensing contracts are independent licensing agreements, and quite a few of them are trademark licensing clauses contained in other contracts, such as those attached to technology transfer and franchise contracts. When signing a trademark use agreement, the enterprise may consider choosing one of the following three types:
1. General license: the form of "small profits but quick turnover"
That is, the licensor allows the licensee to use the registered trademark under the contract within the specified geographical scope. At the same time, Licensor reserves the right to use the registered trademark in this area and grants the right to use the registered trademark to a third party.
This licensing method is mostly applicable to the situation that the licensee has limited production capacity or the product market demand is large. Licensor can choose more licensees, and the price of each license is relatively low, which is a way of "small profits but quick turnover". For the licensee, the right to use the trademark is non-exclusive. Therefore, if the registered trademark involved in the contract is used by a third party without authorization, the licensee shall not sue the infringer in its own name, but only inform the licensor of the relevant information, and the licensor shall take necessary measures against the infringement.
2. Exclusive license: it can resist the exclusive use of the trademark owner.
That is, within the specified geographical scope, the licensee enjoys the exclusive right to use the registered trademark authorized. Licensor shall not license the same trademark to a third party, nor shall licensor use the trademark in the territory. The royalty of exclusive license is much higher than other licenses, so only when the licensee considers the market effect of product competition and thinks it is really necessary to use the trademark exclusively in a certain area will he ask for such license.
The legal status of the licensee is equivalent to the "quasi-trademark owner". When trademark infringement is found in the designated area, the licensee may directly sue the infringer as an "interested party".
3. Exclusive license: the parallel use of the trademark owner and the licensee.
In this case, in addition to the licensor giving the licensee the right to use its registered trademark, the licensee can also enjoy the right to exclude the use of the third party. That is to say, Licensor shall not give the same license to any third party, but Licensor shall keep the license for its own use.
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