What are the main procedures for trademark use licensing?
There are two main procedures stipulated in , one is by licensing The person and the licensee sign a licensing contract; the other is that the trademark licensing contract should be reported to the Trademark Office for filing, which means it is subject to supervision.
The basic characteristics of the trademark licensing relationship are the separation of trademark ownership and use rights, and the licensor and licensee's responsibilities for the realization of the trademark function and the public. , have both common parts and respective legal obligations. There are three main provisions of the Trademark Law:
First, the licensor should supervise the quality of the goods used by the licensee using its registered trademark. This is a right of the licensor, but more importantly, it is an obligation of the licensor, that is, the obligation to supervise and ensure the quality of the registered trademarks it owns. The licensor is not allowed to assume no liability after its registered trademark is used by others. Instead, the law determines that the licensor must still bear the responsibility for product quality to prevent the licensee from improper behavior that damages business reputation and harms the interests of the public.
Second, the licensee should ensure the quality of the goods using the registered trademark. This is the legal obligation of trademark users. Trademarks establish reputation through the quality of goods. Maintaining trademark reputation is not only the licensor's concern, but the licensee should also guarantee the quality of the goods using the trademark.
Third, if you use someone else’s registered trademark with permission, you must indicate the name of the licensee and the place of origin of the goods on the goods using the registered trademark. This is a requirement arising from the practice of trademark licensing. The purpose is to prevent trademark users from trying to take advantage of the reputation of the trademark and provide low-quality goods that are inconsistent with this reputation. In order to enable consumers to identify and clarify the different uses of the same trademark Therefore, it is necessary to indicate the name and origin of the licensee on the respective products. This will enhance the sense of responsibility of the trademark user and also allow consumers to have choices when facing different users of the same trademark. . Of course, the same trademark should reflect the same reputation. The above-mentioned regulations on labeling the licensee and place of origin are exactly the measures taken to maintain the reputation of the trademark.
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, you are welcome to enter the Legal Savior Network for consultation.
No comments yet. Say something...