Does a trademark license contract count as proof of trademark use?

If a registered trademark ceases to be used for three consecutive years, the Trademark Office will cancel its registered trademark. This regulation aims to prevent the proliferation of trademark "junk" and promote the rational allocation and utilization of trademark resources. However, with only two provisions, it is indeed difficult to fully standardize the system for the cancellation of registered trademarks due to cessation of use for three consecutive years. So, does a trademark license contract count as proof of trademark use? The editor of Legal Savior Network will give you detailed answers.

Whether a trademark license contract counts as proof of trademark use

"Trademark Law" does not clearly define a trademark license contract Included in the category of trademark use certificate. However, in actual review, the trademark license contract and the licensee's proof of use of the trademark are generally recognized as proof of trademark use.

Obviously, trademark resources have been reasonably utilized. If the trademark is revoked on the grounds of non-use for three years, then this would be too restrictive. However, if the trademark owner only licenses others to use the trademark, but the licensee does not actually use the trademark, can this license be regarded as proof of trademark use? The license to use the trademark is essentially a "lease" of the registered trademark by the licensee. ” or “borrow”. The Trademark Law stipulates that trademark owners should supervise the quality of goods used by licensees using their registered trademarks. However, the trademark owner has no right to interfere with whether the licensee uses it. When a trademark owner licenses others to use the trademark, it intends to use the trademark and does not want to idle its resources. It would be too stringent for the trademark owner to require the trademark owner to bear the obligation to let the licensee actually use the trademark. Therefore, the trademark license contract alone should also be included in the trademark use certificate.

Related issues with agents

In the actual process, if the trademark owner is handling the trademark registration If an agent is appointed, then the notice requiring the trademark owner to provide proof of trademark use, the notice of cancellation of the trademark or the continued validity of the trademark will be sent to the trademark agent. According to the relevant provisions of the Civil Code, entrusted agents have their own agency authority and time limit. The written agency agreement signed between a trademark agent and the trademark owner generally specifies the authority of the agent, namely trademark registration, but does not specify the period of agency. Then, the agency period is a reasonable time to complete the agency matters. Therefore, once a trademark agent completes the trademark registration, the agency agreement is terminated and the agent no longer has an agency relationship with the trademark owner. In other words, it is not the agent’s obligation to handle the cancellation of a trademark that has not been used for three years, and the trademark owner is not obligated to appoint the original trademark agent. Therefore, it is recommended that relevant notices or decisions be sent directly to the businessMark the owner.

The above is the relevant knowledge about the above issues compiled by Hualu editor for you. This website provides you with professional lawyer consultation. If you have any questions, Welcome to the Legal Savior Network for consultation.