1. What are the trademark licensing filing materials?
(1) Copy of trademark registration certificate;
(2) Trademark License contract;
(3) Copies of business licenses or ID cards of the licensor and the licensee;
(4) Application for filing of trademark license contract.
2. What are the basic contents of a trademark license contract?
(1) Licensed trademark and its registration number;
(2) Licensed use Scope of goods;
(3) License period;
(4) Method of providing the logo of the licensed trademark;
(5) The licensor’s obligation to the licensee Clauses for the licensor to supervise the quality of goods using its registered trademark;
(6) Clauses for marking the name of the licensee and the place of origin of the goods on the goods using the licensor’s registered trademark.
3. What rights does trademark right include?
1. Exclusive right to use.
The trademark owner has the right to use its approved and registered trademark on the goods and services it has approved. Without the permission of the trademark owner, no one can use it on the same or similar goods and services. Trademarks that are identical or similar to the registered trademark.
2. Right to dispose of trademarks.
Trademark owners have the right to dispose of their registered trademarks according to their own will through licensing, transfer, pledge and investment.
3. Use the right to register marks.
The trademark owner has the right to indicate the word "registered trademark" when using the registered trademark.
4. What are the circumstances under which trademark rights are terminated?
1. The registered trademark has not been used for three consecutive years without justifiable reasons, and others apply to cancel the registered trademark;
2. The trademark registrant changes the registered trademark, the registrant's name, address or other registration matters without authorization and refuses to make corrections;
3. Other circumstances in which trademark rights are terminated.
5. What are the differences between trademark rights and patent rights?
1. The objects of trademarks and patents are different: patents protect technical content, including inventions, new uses, and designs. A trademark protects the mark itself, such as graphics, text, their combination, or a three-dimensional mark.
2. The protection periods of trademarks and patents are different: patent protection period is limited, 20 years for inventions, 10 years for new models and designs, and cannot be renewed upon expiration. Trademark protection lasts for 10 years, but it can be renewed upon expiration. Therefore, as long as it is renewed every 10 years, you can have the exclusive right to use the trademark indefinitely.
3. The protection contents of trademarks and patents are different: Patent protection prohibits the manufacture, use, offering for sale, sale, or import of products that are identical or similar to the patent. Trademark protection does not allow the same trademark to be registered on similar goods. If the protected trademark is a well-known trademark, others cannot mark the well-known trademark even on different types of goods.
4. The application procedures for trademarks and patents are different: Patents must be applied to the Patent Office of the State Intellectual Property Office. After preliminary examination (new model and appearance) and substantive examination (invention), the patent right is finally granted. The trademark is applied to the Trademark Office of the State Administration for Industry and Commerce. After preliminary review, the registration is approved after no objection is announced.
In summary, the trademark registrant can license others to use the registered trademark within the scope permitted by law. However, the license or transfer of trademark use rights must be registered with the administrative department. The licensee can only use the trademark within the permitted scope. Any use beyond the permitted scope constitutes trademark infringement.