What is the trademark license contract filing system?

Article 40 of the Trademark Law and Article 43 of the Regulations for the Implementation of the Trademark Law of China clearly require the licensor to perform the "filing" formalities, but they do not involve the legal effect of the filing of the trademark license contract. Article 19 of the Interpretation on Several Issues Concerning the Application of Law in the Trial of Civil Trademark Dispute Cases (hereinafter referred to as the "Judicial Interpretation") promulgated by the Supreme Court of the People's Republic of China and implemented on October 16, 2002 makes up for the shortcomings of the existing legal provisions.

If the trademark license contract has not been filed with the Trademark Office, it shall not be used against a bona fide third party". Legal basis: Article 19 of the Interpretation of Several Issues Concerning the Application of Law in the Trial of Civil Trademark Dispute Cases provides that if a trademark license contract has not been recorded, the validity of the license contract shall not be affected, unless otherwise agreed by the parties. If the trademark license contract has not been filed with the Trademark Office, it shall not be used against a bona fide third party".

The Trademark Office publishes the announcement of the filing of the trademark license contract in the Trademark Gazette. This is the trademark license contract filing system. Therefore, after signing a trademark license contract, it should be filed with the Trademark Office within the statutory time limit.

If the licensor licenses others to use a registered trademark, the licensor shall submit a copy of the contract to the Trademark Office for the record within three months from the date of signing the trademark license contract. When submitting for filing, the licensor shall submit the Trademark License Contract Filing Form, a copy of the Trademark License Contract, and a copy of the Trademark Registration Certificate, and pay the filing fee in accordance with the regulations. In any of the following circumstances, the contract shall be re-submitted for the record:

Changing the scope of goods for which the trademark is licensed; Changing the term of the licensed trademark; The ownership of the licensed trademark has been transferred. In any of the following circumstances, the licensor and the licensee shall notify the Trademark Office and the county-level administrative department where they are located in writing: the name of the licensor is changed; The name of the licensee is changed; The trademark license contract is terminated early.

Article 1 These Measures are formulated in accordance with the relevant provisions of the Trademark Law of the People's Republic of China and the Detailed Rules for the Implementation of Trademark Relics under the Trademark Law of the People's Republic of China in order to strengthen the management of trademark licensing contracts and standardize the licensing of trademarks.

Article 2 A trademark registrant must sign a trademark license contract to permit others to use its registered trademark.

Article 3 The conclusion of a trademark license contract shall follow the principles of voluntariness and good faith. No unit or individual may use a license contract to engage in illegal activities that harm the public interest and the rights and interests of consumers.

Article 4 Within three months from the date of signing the trademark license contract, the licensor shall submit a copy of the license contract to the Trademark Office for the record.

1) The application documents that should be submitted.

1. If a registered trademark is licensed to a licensee, an application for the filing of a trademark license contract shall be submitted.

2. If the applicant is a natural person, a copy of a valid certificate (such as ID card, etc.) that can prove his identity shall be submitted, and if the applicant is a legal person or other organization, a copy of the business license stamped with the applicant's official seal shall be submitted.

3. A copy of the trademark license contract, and a copy of the trademark license contract of Qianwang or notarization.

4. If the contract text is in a foreign language, the corresponding Chinese translation shall be attached at the same time.

5. If you go to the trademark registration hall by yourself, you should submit a copy of the ID card of the person in charge.

6. If the trademark agency is entrusted, the trademark power of attorney should also be submitted.

2) Specific requirements.

1. All documents should be neatly and clearly, and the application for filing should be printed on a typewriter.

2. Both parties to the license contract shall sign or seal the contract. Where the parties are legal persons or other organizations, the applicant's official seal shall be affixed, and the foreign legal person or other organization may have the signature of the legally-designated representative or authorized person.

3. The application for leniency should be filled in with the following requirements:

The name of the licensor, the registration certificate number, and the name of the goods or services on the application shall be exactly the same as the name of the registrant, the registration certificate number, and the name of the goods or services on the Trademark Registration Certificate.

The goods or services permitted for use shall not exceed the scope of goods or services approved for use in the Trademark Registration Certificate.

The term of the license shall not exceed the validity period on the Trademark Registration Certificate.

3) The trademark license contract must have the following clauses:

1. The licensed trademark name and its registration certificate number.

2. Scope of goods and services licensed.

3. Duration of permitted use.

4. The terms of the licensor's supervision of the quality of the goods in which the licensee uses its registered trademark.

5. The terms on which the licensee indicates the name of the licensee and the place of origin of the goods on the goods in which the licensee uses the licensed trademark.

It may be troublesome to sign a trademark license agreement and need to be recorded, but this is to better manage the trademark license situation, and also to protect the interests of both parties.

The purpose of this provision is to:

First, it is convenient for the Trademark Office to manage the national trademark use license;

The second is to find problems through the filing and review of the trademark license contract, correct them in a timely manner, and better safeguard the legitimate rights and interests of both parties, and the third is to announce the trademark license to the public through the "Trademark Announcement" to provide convenience for consumers to purchase goods.

The validity of the trademark license contract after the change of the subject of the trademark right.

The change of the subject of the trademark right mainly refers to the following three situations: first, the trademark is transferred; the second is the change of the name of the trademark registrant; The third is the demise of the trademark subject. Generally speaking, the transfer of trademark rights or the change of the name of the trademark registrant does not affect the existence of the trademark right itself

Even if the subject of the trademark right dies out, the trademark right still exists if it is not cancelled within a certain time limit and without legal procedures.

Since trademark licensing is a civil act between the two parties on the basis of fairness, voluntariness, mutual benefit and reciprocity, once the act occurs, it must be protected, even if one of the parties changes, it does not affect the establishment of the contractual relationship and the continuation of the act. Trademark rights, which are intangible property, are equivalent to lease contracts arising from tangible property in this respect, and changes in ownership that occur during the lease period do not affect the validity of the lease contract. However, in two cases, if the subject of the trademark right changes, the licensee shall not continue to use the registered trademark, otherwise it will constitute trademark infringement or impersonation of the registrar

First, the parties have other special agreements, such as a conditional or time-limited trademark license contract; Second, the license contract itself is defective, such as exceeding the validity period, exceeding the scope of the product, and changing the content of the trademark on its own.

1. Does the trademark licensing agreement need to be filed with the Industrial and Commercial Bureau?

The Trademark Law stipulates that a trademark license contract shall be reported to the Trademark Office for the record.

A trademark registrant may license others to use its registered trademark by signing a trademark license contract. A copy of the contract shall be submitted to the Trademark Office by the licensor for the record within three months from the date of signing the trademark license contract. The licensor shall supervise the quality of the goods in which the licensee uses its registered trademark.

The licensee shall ensure the quality of the goods in which it uses the registered trademark. The licensee must indicate the name of the licensee and the place of origin of the goods on the goods on which the registered trademark is used.

2. Consequences of non-filing.

According to the provisions of the Trademark Law, if the licensor or licensee fails to file the record, the administrative authority for industry and commerce where the licensor or licensee is located will order it to make corrections within a time limit; If the correction is refused, a fine of not more than 10,000 yuan shall be imposed until the registered trademark is cancelled by the Trademark Office.