2. Exclusive use license means that the licensor authorizes only one company to use the trademark except for its own use within the agreed time limit and territory, and no longer permits the third party to use it.
3, general license, the same period, the same region can be licensed to multiple.
What you said applies to the first form.
situation
In June 2005, Zhao applied for the registration of the bamboo graphic trademark. Subsequently, Zhao signed a trademark licensing contract with Group A, stipulating that Zhao Jiangzhu's graphic trademark was licensed exclusively by Group A, and the product range was clothing series. The service period is from June 1 day, 2006 to May 3 1 day, 2065, and the usage fee is 80,000 yuan per year. If Zhao breaches the contract, the usage fee will be 80,000 yuan. The contract was filed and registered in the State Trademark Office on June 19 of the same year.
In July, 2006, Company A found that Company B used the bamboo trademark on pants. In the case of fruitless negotiation with Zhao, Company A submitted an arbitration request to Quanzhou Arbitration Commission, demanding that Zhao stop licensing Company B to continue to use the trademark and bear the liability for breach of contract. Zhao said that as a trademark owner, he has the right to license others to use his rights. Company A claims that it has exclusive license.
The arbitration tribunal held that the trademark license contract signed by Zhao and Company A was legal and valid, and it was clearly stipulated in the contract that Company A enjoyed the exclusive right to use the trademark. If Zhao permits others to use the trademark again, he shall bear the corresponding liability for breach of contract. After mediation by the arbitration tribunal, Zhao agreed to terminate the trademark license contract signed with Company B and pay liquidated damages of 80,000 yuan to Company A at one time. ..
Case review
According to Article 3 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Trademark Civil Disputes, the trademark use license stipulated in Article 40 of the Trademark Law includes the following three categories: (1) Exclusive use license means that a trademark registrant licenses a registered trademark to only one licensee within the agreed time limit, area and method, and a trademark registrant may not use the registered trademark as agreed. After Zhao licensed the right to use the trademark to Company A for exclusive use, except for Company A. Therefore, it is a breach of contract for Zhao to license Company B to use the trademark again.