in the exclusive license, the licensee has obtained the exclusive right to use the registered trademark within the scope stipulated in the contract, and only the licensee can use the registered trademark, and even the licensor, that is, the registrant himself, cannot use the registered trademark, otherwise it will constitute a breach of contract and must bear corresponding legal responsibilities.
2. exclusive license. Parallelism between the trademark owner and the licensee means that while the licensor allows a licensee to use its registered trademark in the specified area and designated goods or services at the same time, it may not allow others to use its registered trademark, but the licensor himself still reserves the right to use the registered trademark.
3. General license. The form of "small profits but quick turnover" means that while the licensor allows a licensee to use its registered trademark in the specified area and designated goods or services at the same time, not only the licensor himself still reserves the right to use the registered trademark, but also reserves the right to license others to use its registered trademark.
in general license, the licensee only obtains the right to use the registered trademark, and the licensee has no right to interfere with the licensor's use of the registered trademark and the use of the registered trademark by other third parties with permission.
Extended information: trademark licensing forms and legal risks:
The basic forms of trademark licensing include exclusive use, exclusive use and ordinary use.
1. The form of exclusive use license means that the licensor grants the right to use a registered trademark to a licensee, and the licensor gives up the right to use the trademark he enjoys according to law during the duration of the trademark use license contract.
2. The form of exclusive use license means that during the existence of a trademark licensor, only one licensor is granted to use its registered trademark except for its own use.
3. Common license means that the licensor can license a licensed trademark for multiple uses, and the trademark owner can also use the trademark himself, which is relatively common.
because the innovative value of the trademark itself is not high, it is more reflected in the goodwill and credit of the enterprise that specifically uses the trademark. Therefore, if the enterprise wants to use it exclusively, it may directly obtain the trademark ownership by negotiating trademark transfer.
Because of this feature, trademark license is different from patent license, and general use license is the most common form of trademark license.
even for general use license, the licensee needs to eliminate competition in a certain area, a certain period of time and a certain field. If the trademark owner licenses more than one trademark in the same area at the same time, it will inevitably affect the interests of the licensee.
there is no necessary restriction on the trademark owner in the contract of general use license form, so it should be considered that the licensed party faces legal risks. Necessary restrictions include the restriction that the trademark owner may not license a third party to use the trademark in a specific area, time and field, and the restriction that the trademark owner is self-employed in a specific area, time and field.
: Non-exclusive licensing right means that the technology licensee does not enjoy exclusive rights to use the contract technology within the contract area within the validity period of the contract. The fee for obtaining this right is the non-exclusive license fee. The transfer of qualified technology with non-exclusive license for more than 5 years by an enterprise is limited to the technology that it owns. The ownership of technology ownership is determined by the administrative department of the State Council.
Legal basis: Announcement of State Taxation Administration of The People's Republic of China on Relevant Issues Concerning Enterprise Income Tax on Technology Transfer with Licensed Right Article 2 The transfer of qualified technology with non-exclusive license right for more than 5 years by an enterprise is limited to the technology for which it has ownership. The ownership of technology ownership is determined by the administrative department of the State Council. Among them, the ownership of the patent is determined by China National Intellectual Property Administration; The ownership of national defense patents is determined by the General Armament Department; The copyright of computer software shall be determined by the National Copyright Administration; The exclusive right of integrated circuit layout design is determined by China National Intellectual Property Administration; The ownership of new plant varieties is determined by the Ministry of Agriculture; The ownership of new biomedical varieties is determined by china food and drug administration.