The use of a trademark can be either the trademark owner’s own use or the trademark owner’s licensed use by a third party other than the trademark owner. The Trademark Law stipulates that a trademark registrant can license others to use its registered trademark by signing a trademark license contract. The trademark license contract must be filed with the Trademark Office within 3 months from the date of signing. An enterprise allows others to use a registered trademark, usually by entering into a licensing contract, that is, issuing a license. In a licensing relationship, the trademark owner or the person authorized to use the trademark is the licensor, and the other party is the licensee.
In practice, some trademark license contracts are independent license agreements, and quite a few are trademark license terms included in other contracts, such as trademark use regulations attached to technology transfer, franchising and other contracts. When signing a trademark use agreement, enterprises may consider choosing one of the following three types: Ordinary licensing is a form of "small profits but quick turnover". The licensor allows the licensee to use the registered trademark under the contract within the specified geographical scope. . At the same time, the licensor reserves the right to use the registered trademark within the region and to grant third parties the right to use the registered trademark. An exclusive license is the concurrent 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 may also enjoy the right to exclude third parties from using the trademark. That is, the licensor may not grant the same license to any third party, but the licensor retains its own right to use the same registered trademark. An exclusive license simply excludes third parties from using the trademark in that territory. An exclusive license can counter the exclusive use of the trademark owner. Within the specified geographical scope, the licensee has the exclusive right to use the registered trademark that is authorized to be used. The licensor may not license the same trademark to a third party, nor may the licensor itself use the trademark in the region. The royalties for exclusive licenses are much higher than other licenses, so only when the licensee considers the market effect of product competition and believes that it is necessary to exclusively use the trademark in a certain area will request such a license.