Can I sublicense a trademark general license?

Trademark General Licenses can be sublicensed. Trademark general use license, that is, the licensor authorizes the licensee to use its registered trademark on designated goods for a certain period of time and territory; At the same time, the licensor may also license a third party to use the registered trademark.

According to the regulations, if the registered trademark of another person is used with permission, the name of the licensee and the place of origin of the goods must be indicated on the goods using the registered trademark. In violation of the above provisions, without indicating the name of the licensee and the place of origin of the goods, the administrative department for industry and commerce shall order it to make corrections within a time limit; if the correction is not made within the time limit, the trademark logo shall be confiscated; Where it is difficult to separate the trademark logo from the goods, it shall be confiscated and destroyed together.

Trademark licensing refers to the act of a trademark registrant allowing others to use its registered trademark through legal procedures. This is usually done by way of entering into a license contract. There are general licenses, exclusive licenses, and exclusive licenses.

Trademark rights are the property rights enjoyed by enterprises to registered trademarks, but in order for a registered trademark to become an industrial property right and create real or obtainable benefits for the enterprise, it must be used. The use of a trademark first refers to the direct attachment of the trademark to the goods, packaging or containers and marketing in the market. In addition, the use of a trademark in a commodity transaction document or for commercial purposes in advertising, exhibitions and other business activities also constitutes use.

The use of a trademark can be either on the trademark owner's own initiative or by a third party other than the trademark owner under license. Trademark licensing is a very important right in trademark ownership, and when used properly, it can benefit companies a lot. Enterprises should pay attention to this.

Article 42 of the Trademark Law of the People's Republic of China Where a registered trademark is transferred, the assignor and the assignee shall sign an assignment agreement and jointly apply to the Trademark Office. The assignee shall guarantee the quality of the goods using the registered trademark.

If a registered trademark is transferred, the trademark registrant shall transfer the similar trademark registered on the same goods, or the same or similar trademark registered on similar goods.

The Trademark Office shall not approve the assignment that is likely to cause confusion or have other adverse effects, and shall notify the applicant in writing and explain the reasons.

After the transfer of the registered trademark is approved, it shall be announced. The assignee shall have the exclusive right to use the trademark from the date of publication.

The use of a trademark may be sublicensed.

Enterprises license others to use registered trademarks, usually by entering into a license contract, that is, issuing licenses. In a licensing relationship, the trademark owner or the person authorized to use the trademark is the licensor, and the other party is the licensee. In practice, some trademark license contracts are independent license agreements, and some are trademark license terms contained in other contracts, such as trademark use provisions attached to technology transfer, franchising, etc.

When entering into a trademark use agreement, companies may consider choosing one of the following three types:

1. General license: the form of small profits but quick turnover.

That is, the licensor allows the licensee to use the registered trademark under the contract within the specified geographical scope. At the same time, the licensor reserves the right to use the registered trademark in the territory and to sub-grant third parties the right to use the registered trademark.

This licensing method is mostly suitable for the licensee under the condition that the production capacity is limited or the market demand for the product is large, the licensor can choose several more licensees, and the price of each license is relatively low, so it is a way of small profits but quick turnover. The right to use the trademark obtained by the licensee is non-exclusive, so if the registered trademark involved in the contract is used by a third party without authorization, the licensee generally cannot sue the infringer in its own name, but can only inform the licensor of the relevant situation, and the licensor will take necessary measures against the infringement.

2. Exclusive license: It can be used exclusively against the trademark owner.

That is, within the specified geographical scope, the licensee has the exclusive right to use the registered trademark that is authorized to be used. The Licensor may not license the same trademark to a third party, nor may the licensor itself use the trademark in that territory. The royalty of an exclusive license is much higher than that of other licenses, so it will only be requested if the licensee considers that it is necessary to use the trademark exclusively in a certain area considering the market effect of product competition.

The legal status of the licensee is equivalent to that of the prospective trademark owner, and when trademark infringement is discovered within the specified territory, the licensee can directly sue the infringer as an interested party.

3. Exclusive license: the parallel use of the trademark owner and the licensee.

In such a case, in addition to the right granted by the licensor to the licensee to use its registered trademark, the licensee may also have the right to exclude the use of the trademark by a third party. That is, the licensor may not give the same license to any third party, but the licensor reserves the right to use the same registered trademark. The exclusive license simply excludes third parties from using the trademark in that territory.

Summary. For the matter of trademark transfer, if you cooperate with the trading platform, you must authorize the trademark, because only in this way can the platform be qualified to deal with the matters of trademark transactions. If there is no authorization, then the staff of the platform can only be responsible for some details of the trademark transfer, and no one has more free authority.

For companies, because they have less contact with trademark transfer, they do not have too many resources, and they are not familiar with the process in the whole transaction process, so there will be more advantages in choosing platform cooperation. Formal trademark transfer platforms are legal in terms of transaction procedures and processes, and can also provide more information that is needed.

For the matter of trademark transfer, if you are cooperating with a trading platform, you must pay respect to the trademark authorization, because only in this way can the platform be qualified to handle the matters of trademark transactions. If there is no authorization, then the staff of the platform can only be responsible for some details of the trademark transfer, and no one has more free authority. For companies, because they have less contact with trademark transfer, they do not have too many resources, and they are not familiar with the process in the whole transaction process, so there will be more advantages in choosing platform cooperation.

The trademark can also be used by others in the transfer.

Article 43 of the Trademark Law A trademark registrant may license others to use its registered trademark by signing a trademark license contract. The licensor shall supervise the quality of the goods in which the licensee uses its registered trademark. The licensee shall guarantee the quality of the goods using the registered trademark.

If the registered trademark of another person is used with permission, the name of the licensee and the place of origin of the goods must be indicated on the goods using the registered trademark. If the licensor licenses others to use its registered trademark, the licensor shall report the trademark license to the Trademark Office for the record, which shall be announced by the Shangchi Shenmao Standard Bureau. The trademark license shall not be used against a bona fide third party without filing.

It's such a teacher, I'm reselling my trademark, and then other platforms through this person in charge to resell, but I didn't sign an agreement and other such contracts, that is to say, my bureau inspection trademark they directly took it to sell like this, and then sold it to give me money.

It is possible not to sign a contract for others to sell, but it is recommended to sign a good licensing agreement, which can better protect the rights and interests of the repentance, and if the two parties have a dispute over the sale of the trademark, the contract can be used as the basis for processing.

Trademark assignment can also be granted. The owner of the trademark registration can license others to use the registered trademark by signing a trademark license contract. The licensor shall supervise the quality of the goods in which the licensee uses its registered trademark.

The licensee shall guarantee the quality of the goods using the registered trademark. If the registered trademark of another person is used with permission, the name of the licensee and the place of origin of the goods must be indicated on the goods using the registered trademark.

Article 26 of the Regulations of the Trademark Law of the People's Republic of China on the Application for Trademark Opposition shall not be accepted by the Trademark Office under any of the following circumstances, and shall notify the applicant in writing and explain the reasons: it has not been filed within the statutory time limit; The applicant's qualifications and grounds for opposition do not comply with the provisions of Article 33 of the Trademark Law; There is no clear grounds, facts, and legal basis for objections; The same objector files another opposition application against the same trademark on the same grounds, facts and legal basis.

Analysis of legal rent: Trademark transfer can also be authorized.

Legal basis: Article 43 of the Trademark Law of the People's Republic of China A trademark registrant may allow others to use its registered trademark by signing a trademark license contract. The licensor shall supervise the quality of the goods in which the licensee uses its registered trademark.

The licensee shall guarantee the quality of the goods using the registered trademark. If the registered trademark of another person is used with permission, the name of the licensee and the place of origin of the goods must be indicated on the goods using the registered trademark. If the licensor licenses others to use its registered trademark, the licensor shall report the trademark license to the Trademark Office for the record, which shall make a public announcement.

The trademark license shall not be used against a bona fide third party without filing.