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Filing of a trademark license contract means that 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 submit a copy of the contract to the Trademark Office for the record within 3 months from the date of signing the trademark license contract.
The filing of the trademark license contract can be handled by entrusting the trademark ** agency (), or the licensor can directly apply to the trademark.
To apply for the filing of a trademark license contract, it is necessary to prepare a "License Contract"; Identification documents of both parties to the license (a copy of the business license or a copy of the personal ID card); A copy of the trademark registration certificate; Application for Trademark Licensing Contract. If you entrust a ** company to apply, you also need to submit a Power of Attorney.
After the application is submitted, about one month, the Trademark Office will issue a Notice of Acceptance of the Filing of the Trademark Licensing Contract;
In about three months, the filing of the trademark license contract was completed, and the Trademark Office issued the "Trademark License Contract Filing Letter".
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The filing of a trademark license contract can be handled by entrusting a trademark ** agency (Muzi Trademark ** Center), or the licensor can directly apply to the trademark. To apply for the filing of a trademark license contract, it is necessary to prepare a "License Contract";
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Hello, you can entrust the patent ** agency to handle it, or you can go to the Beijing Trademark Office to handle it in person.
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Legal analysis: 1) If the applicant directly goes to the trademark registration hall to handle the trademark registration application, the applicant can follow the steps to handle the application: prepare the application form and submit the application form at the acceptance window of the trademark registration hall Fill the barcode at the coding window Pay the filing fee at the payment window and receive the notice of filing of the trademark license contract.
2) If a trademark agency is entrusted to handle the filing of the trademark license contract, the applicant may voluntarily choose any nationally recognized trademark agency to handle it. All trademark agencies filed with the Trademark Office are published in the column "**Agency".
Legal basis: Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Civil Trademark Dispute Cases Article 19 Where a trademark license contract has not been recorded, it shall not affect the validity of the judgment of the license contract, 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. Bucket round.
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A trademark license means that the trademark owner licenses part or all of the registered trademark use rights held by the trademark owner to others. In order to protect the rights and interests of trademark owners and licensees, the trademark license must be filed with the Trademark Office, otherwise the trademark license is invalid. How should a trademark owner apply for a trademark license for record?
One. Submitted application documents.
1.If you apply for a registered trademark license, you shall submit the Trademark Use License Filing Form;
2.Identification documents of the licensor and licensee, such as a scanned copy of the ID card within the validity period. or a copy of the business license with the official seal;
3.Entrust the trademark ** company to handle the filing of the trademark use license and submit the signature. A legally binding power of attorney.
Two. The application documents actually indicate.
1.The "Trademark Use Permit Filing Form" shall be filled in in accordance with the specifications, the format cannot be modified, and the text filled in should be neat. Clear;
2.The name of the licensor in the application document. Registration certificate number. The name of the goods or services shall be the same as the name of the registrant on the Trademark Registration Certificate. Registration certificate number. the name of the goods or services is consistent;
3.The licensed products or services shall not exceed the scope approved by the Trademark Registration Certificate, and their validity period shall not exceed the validity period of the exclusive right to use the licensed trademark.
Three. Precautions.
1.After receiving the trademark license for the record, the Trademark Office will review and notify the licensor in writing if it meets the requirements for trial. If it is not accepted, the licensor will be notified in writing and the reasons will be explained.
The licensor must be notified of the correction in a timely manner according to the prescribed content, otherwise it will not be accepted. Zheng Zhi.
2.Comply with the Trademark LawThe Regulations for the Implementation of the Trademark Law stipulate that the Trademark Office will grant a trademark license for the record and notify the licensor.
3.If it does not meet the requirements, the Trademark Office will not file it for the record, and notify the licensor in writing to explain the reasons; If there is a need to modify and correct, the trademark will also notify the licensor to make corrections in a timely manner, and report the corrective content to the Trademark Office for verification.
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. >>>More
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