How does the law stipulate the parties who license the use of registered trademarks
Licensing right refers to the right of the trademark owner to license others to use its registered trademark for a fee through a contract in exchange for royalties. Among them, the trademark owner is the licensor, and the party using the trademark is the licensee. The trademark licensing system is a common system in trademark laws around the world, and it is also a manifestation of trademark rights holders’ full exercise of their trademark ownership. The trademark registrant's exercise of licensing rights in accordance with the law is conducive to better exerting the role of trademarks in promoting the production and circulation of goods.
The license to use a trademark is different from the transfer of a trademark. The subject of the latter transfer is the ownership of the registered trademark. The result of the transfer is that the original registrant loses ownership of the trademark. ; However, the trademark use license does not involve the transfer of trademark ownership. The so-called trademark license means that the trademark owner separates part or all of its registered trademark rights and licenses them to others, and the licensor establishes a trademark license relationship with the licensee. This relationship is based on the following conditions: First, the trademark that is permitted to be used must be a registered trademark, because only a registered trademark can obtain the exclusive right to trademark according to law; second, only a registered trademark can enjoy the exclusive right to use a trademark according to law, and can also license If someone else uses a specific registered trademark, the other person cannot be a licensor in the sense of the trademark law; third, the subject of the trademark license contract is the exclusive right to use the trademark, and the scope of the exclusive right to use the trademark is limited to the use of the approved registered trademark on the approved goods. If the use exceeds the scope of the approved goods, the subject matter will not be protected, and the signed trademark license contract will also be invalid.
my country’s Trademark Law stipulates that the trademark registrant licenses to others To use a registered trademark, you can sign a trademark license contract, which should be reported to the Trademark Office for filing. Licensing contracts generally include exclusive use licenses, exclusive use licenses and general use licenses. An exclusive license contract is a commitment by the licensor to give up the exclusive right to use a trademark that it legally enjoys during the term and region of the trademark license contract.This situation generally exists between relatively close partners. During the agreed period, field and region, the specific trademark use rights enjoyed by the licensee have the same status as the trademark exclusive rights enjoyed by the licensor. The exclusive license form means that during the duration of the trademark license, except for the licensor's own use of the licensed trademark in accordance with the law, the right to use the licensed trademark is only granted to one licensee and will no longer be licensed to a second licensee. In a general license, not only the licensor can use the registered trademark himself, but he can also license the licensed trademark to multiple parties. License contracts can also be divided into full licenses and partial licenses. The former means that the licensee can use the trademark on all registered goods; the latter means that the licensee can only use the trademark on some registered goods.
The right to license is an important right of the trademark owner. Others are not allowed to illegally interfere with it. However, the trademark owner should abide by the trademark law when exercising its rights. stipulates that the trademark license contract signed must also comply with legal regulations. At the same time, the licensor should supervise the quality of the goods used by the licensee using its registered trademark. The licensee shall ensure the quality of the goods using the registered trademark. If a registered trademark of another is used with permission, the name of the licensee and the place of origin of the goods must be marked on the goods using the registered trademark.
The following principles should be followed when concluding a trademark license contract: the principle of equality and voluntariness of the parties to the contract; the parties to the contract should abide by the principles of fairness, good faith and credibility; the conclusion and performance of the contract should be in accordance with the law in principle. The trademark license contract should contain the following contents: the names and addresses of the licensor and the licensee; the scope and type of authorized use; product quality assurance clauses; the licensor's relevant rights guarantee clauses; contract suspension and cancellation conditions; trademark use license Fee amount and payment method; liability for breach of contract; legal application and dispute resolution methods; contract effective date and signing date and place; signature and seal; other agreed terms. In order to regulate trademark licensing activities, the State Administration for Industry and Commerce has formulated and issued the "Measures for the Registration of Trademark Licensing Contracts" and drafted a model text of a trademark licensing contract in the Measures, which stipulates that such a contract should at least include the following content: License The trademark used and its registration certificate number; the scope of licensed goods; the period of licensed use; the method of providing the licensed trademark logo; quality supervision terms; indicating the name of the licensee and the origin of the goods on the goods using the registered trademark of the licensor terms.
Within three months from the date of signing the registered trademark license contract, a copy of the license contract shall be submitted to the county-level industrial and commercial administration authority where it is located for review. Submit it to the Trademark Office for filing. The Trademark Office publishes the trademark licensing contract filing announcement in the Trademark Announcement. Violations of relevant reporting and filing regulations will be dealt with by the relevant industrial and commercial administrative departments. The licensor who licenses the use of a registered trademarkThe problem of out-of-scope permission often occurs in practice. From a general legal point of view, rights that even the licensor does not possess cannot be licensed to others. This also violates relevant trademark laws, administrative regulations, etc., and is invalid.
Since the right to use trademarks is an intangible asset, many companies have begun to explore the issue of investing in shares with trademark use rights, which is also a type of trademark licensing. Way. In practice, there are two different approaches. One is to participate in the business activities of the invested enterprise in the form of annual trademark usage fees. In this case, the owner of the registered trademark should sign a trademark license contract with the invested enterprise; the second is to use the trademark right as a price to invest in shares. In fact, The above is to hand over the right to use the trademark rights to the invested enterprise, and the owner of the registered trademark should sign a long-term, exclusive or exclusive trademark use license contract with the invested enterprise. If the owner of a registered trademark uses this method to license the use of his registered trademark to others, he must also do so in accordance with the provisions of this article.
The above content is the editor's answer to the question "How does the law stipulate the parties licensing the use of registered trademarks?" If readers need legal help, Welcome to Legal Savior Network for legal consultation.
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