1. What is trademark licensing filing?
License to use 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.
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.
2. 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) Trademark license filing facilitates the Trademark Office’s management of nationwide trademark licensing situations. Through the filing and review of trademark licensing, problems can be discovered and corrected in a timely manner to better 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) 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 use the trademark legally according to the trademark 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.
In summary, trademark license filing is to facilitate trademark management for the Trademark Office, record the use of trademarks in a timely manner, and at the same time clarify the rights, responsibilities, and obligations of trademark owners and users, and protect the legitimate rights and interests of both parties. , to realize the reasonable use and protection of trademarks.