A trademark license contract means that the trademark owner can license his registered trademark to others. The licensee should sign the contract according to the rights stipulated in the contract. Generally, the licensee needs to report to the trademark owner. Pay usage fees. The trademark owner or its authorized person is the licensor, and the other party is the licensee. After the trademark license implementation contract comes into effect, the licensor does not lose the trademark legal rights and remains the owner of the registered trademark. The subject matter of a trademark license contract is the "right to use" rather than "ownership" of a registered trademark. This is the difference between a trademark license and a trademark rights transfer contract.
Trademark licensing refers to the act of a trademark registrant allowing others to use its registered trademark through legal procedures. Trademark rights are property rights that enterprises enjoy over registered trademarks. However, in order for a registered trademark to become an industrial property right and create similar or obtainable benefits for the enterprise, it must be used. The use of a trademark first refers to the trademark being directly attached to the goods, product packaging or being sold on the market at the same time. The use of a trademark can be the trademark owner's own use, or it can be used by a third party other than the trademark owner with permission. Trademark license is a very important right in trademark ownership. If used properly, it can enable enterprises to obtain more benefits. The following details the basic contents and precautions of a registered trademark license contract.
Contents of the registered trademark license contract:
1. Names, addresses, and names of legal representatives of both parties to the contract
2. Licensed trademarks Type and name, trademark registration certificate number
3. The nature of the contract, whether it is an exclusive license contract or a general license contract
4. The scope and region of goods licensed to use the registered trademark Scope and period
5. Quality standards for licensed trademarks
6. Relevant provisions to ensure product quality, such as the licensor providing product drawings and technical knowledge to the licensee, and supervising The licensee guarantees the quality of the goods using its registered trademark, and the licensee guarantees the quality of the goods using the registered trademark
7. Terms under which the licensor guarantees the validity of the registered trademark
8. Licensed use Calculation method and payment method of fees
9. Liability for breach of contract
10. Agree on the method of resolving contract disputes
11. Other matters that need to be agreed
Notes on registered trademark license contracts:
1. Enterprises, institutions, social groups, individual industrial and commercial households, individual partnerships, and companies that are required to be established in accordance with the law must comply with the ninth trademark law Foreigners or foreign enterprises stipulated in Article
2. The trademark permitted to be used must be consistent with the approved registered trademark, and the constituent elements of the registered trademark must not be changed
3. The goods that are permitted to be used must be part or all of the goods approved for use by the registered trademark, and must not exceed this range
4. The period for which the trademark is permitted to be used must not exceed the validity period of the registered trademark
5. Without the authorization of the licensor, the licensee shall not transfer, cancel or change the registered trademark that has been licensed to others, nor may it license the trademark to a third party for use
In summary As mentioned above, there are five things to note in a trademark licensing contract. Once the above conditions are met, you can sign the contract with confidence. Although using other people's trademarks is a very popular thing nowadays, as a trademark applicant, you also need to follow the relevant regulations when using the trademark. If it is used for illegal purposes or exceeds the scope of use of the trademark, it is considered a violation of the contract. Corresponding compensation must be made to the trademark registrant.
Nowadays, more and more attention is paid to copyright issues. The state clearly stipulates that whether it is the reprint of an article or the use of pictures, it must obtain the permission of the owner and indicate the source of the article or picture. The use of trademarks is even more cumbersome. Yes, both companies need to sign relevant contracts, and there are a series of precautions. This move involves the interests of both parties, so caution must be taken.