-
Model Contract No.:
In accordance with the provisions of the Trademark Law of the People's Republic of China and the Implementing Regulations, the two parties follow the principle of voluntariness and good faith, and sign this trademark license contract through friendly negotiation.
Scope of authorization 1. Party A will have registered the trademark (registration number: license Party B to use it in its stores and product packaging) that has been registered with the Trademark Office of the State Administration for Industry and Commerce.
Rights and Obligations of the Parties.
7. Party B shall pay Party A 10,000 yuan as a trademark and naming royalty.
Ten. 4. Party A's trademark license authorization to Party B is in accordance with the provisions of the Trademark Law of the People's Republic of China and the Implementation Regulations, and is only for the purpose of improving Party B's popularity and expanding market share. It is legally authorized and protected by law.
At the same time, it should be emphasized that both parties are independent legal persons and bear legal responsibilities independently; The creditor's rights and debts of Party A and Party B, as well as the legal liabilities unrelated to this contract, shall not involve the other party; The creditor's rights and debts of Party A and Party B, as well as other legal disputes and liabilities unrelated to this contract, shall not constitute joint and several legal liability to the parties. Commencement and Termination.
Conditions for the entry into force of this contract:
Ten. 8. Party B's use of the products authorized by Party A with registered trademarks must meet the following conditions:
-
Model trademark license contract.
Contract No.: Place of Signing:
Trademark licensor (Party A).
Trademark Licensee (Party B).
In accordance with Article 40 of the Trademark Law of the People's Republic of China and Article 40 of the Regulations for the Implementation of the Trademark Law, both parties A and B follow the principles of voluntariness and good faith and sign the trademark license contract through consultation.
1. Party A will license Party B to use the No. 1 trademark that has been registered for use on the goods
Trademark logo: 2. The term of the license shall be from xx-xx-xx to xx-xx. Upon the expiration of the contract, if it is necessary to extend the use time, both parties A and B shall renew the trademark license contract.
3. Party A has the right to supervise the quality of the goods used by Party B with the registered trademark, and Party B shall ensure the quality of the goods using the registered trademark. During the validity period of the contract, if the licensed registered trademark is illegally infringed, Party A must file a lawsuit or complain to the administrative department for industry and commerce within two months after learning of the situation to protect the interests of Party B.
4. Party B must indicate its enterprise name and place of origin on the goods using the registered trademark.
5. Party B shall not arbitrarily change the text, graphics or combination thereof of Party A's registered trademark, and shall not use Party A's registered trademark beyond the scope of licensed goods.
6. Without the authorization of Party A, Party B shall not license Party A's registered trademark to a third party for any form and reason.
7. The way to provide the registered trademark logo: Party A shall provide it.
8. In the event of early termination of this Contract, both Parties A and B shall notify the Trademark Office and the county-level administrative authority for industry and commerce at the county level where they are located in writing within one month from the date of termination.
9. After the expiration of the contract, if Party B has the licensed trademark goods, Party A shall be responsible for the sale of the goods.
10. Liability for breach of contract: If Party B breaches the contract, Party A has the right to suspend the performance of the trademark license contract. If one party violates the contract and causes losses to the other party, it must be liable for compensation in accordance with the law.
Ten. 1. Dispute resolution: Settlement by both parties through negotiation.
This contract shall be in duplicate, and within three months from the date of signing, Party A and Party B shall respectively submit the copy of the contract to the local county-level industrial and commercial administrative authority for record-keeping, and Party A shall submit it to the Trademark Office for the record.
Trademark Licensee (Party A) Trademark Licensee (Party B).
-
Headquarters: Franchisee (Branch):
In order to standardize the licensing of the trademark of the franchise system and maintain the image and reputation of the franchise system, according to the "Franchise Contract" reached between the headquarters (branch) and the branch (franchisee) on the date of the year, the following agreement has been reached on the trademark licensed by the headquarters:
Article 24 of the Copyright Law of the People's Republic of China provides that the use of a work under the following circumstances may be made without the permission of the copyright owner and without payment of remuneration, provided that the name of the author or title and the title of the work shall be indicated, and shall not affect the normal use of the work, and shall not reasonably harm the legitimate rights and interests of the copyright owner:
1) Using published works of others for personal study, research or appreciation;
3) Inevitably reproducing or quoting published works in newspapers, periodicals, radio stations, television stations, etc., for the purpose of reporting news;
4) Newspapers, periodicals, radio stations, television stations, etc., or other newspapers, periodicals, radio stations, television stations, etc., that have already published articles on current affairs on political, economic, or religious issues, except where the copyright owner declares that they are not allowed to publish;
6) Translation, adaptation, compilation, or small reproduction of published works for the purpose of classroom teaching or scientific research, for the use of teaching or scientific research personnel, but must not be published or distributed;
7) The use of published works by state organs within a reasonable scope for the performance of official duties;
8) Libraries, archives, memorial halls, museums, art galleries, cultural centers, etc., reproduce works collected by the library for the purpose of displaying or preserving editions;
9) Free performances of published works that do not charge a fee to the public or pay the performers and are not for profit;
10) Copying, painting, photography, or videotaping works of art set up or displayed in public places;
11) Translate works created in the standard spoken and written language of the state that have been published by Chinese citizens, legal persons, or unincorporated organizations into works in minority languages for publication and distribution in the country;
xii) make available published works in an accessible manner that is perceptible to persons with print disabilities;
13) Other circumstances provided for by laws and administrative regulations.
The provisions of the preceding paragraph apply to restrictions on copyright-related rights.
-
How to apply for a trademark license contract:
1. The licensor and the licensee shall enter into a written license contract;
2. The licensee shall use the trademark legally and reasonably within the agreed time, method, scope and other restrictions, and pay the corresponding remuneration;
3. The trademark license contract shall be reported to the Trademark Dust Bureau for the record, and the Trademark Office shall file a complaint as soon as possible.
[Legal basis].
Article 43 of the Trademark Law of the People's Republic of China.
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 make a public announcement. The trademark license shall not be used against a bona fide third party without filing.
-
1) the name and address of the licensor and the licensee;
2) the trademark and its registration number that is licensed;
3) the scope of goods for which the trademark is licensed;
4) the term of the license (should not exceed the validity period of the registration of the licensed trademark);
5) the way in which the logo is provided for the licensed use of the trademark;
6) the terms on which the licensor monitors the quality of the goods in which the licensee uses its registered trademark;
7) The terms of indicating the name of the licensee and the place of origin of the goods on the goods using the licensor's trademark.
Article 24 of the Copyright Law of the People's Republic of China provides that the use of a work under the following circumstances may be made without the permission of the copyright owner and without payment of remuneration, provided that the name of the author or title and the title of the work shall be indicated, and shall not affect the normal use of the work, and shall not reasonably harm the legitimate rights and interests of the copyright owner:
1) Using published works of others for personal study, research or appreciation;
3) Inevitably reproducing or quoting published works in newspapers, periodicals, radio stations, television stations, etc., for the purpose of reporting news;
4) Newspapers, periodicals, radio stations, television stations, etc., or other newspapers, periodicals, radio stations, television stations, etc., that have already published articles on current affairs on political, economic, or religious issues, except where the copyright owner declares that they are not allowed to publish;
6) Translation, adaptation, compilation, or small reproduction of published works for the purpose of classroom teaching or scientific research, for the use of teaching or scientific research personnel, but must not be published or distributed;
7) The use of published works by state organs within a reasonable scope for the performance of official duties;
8) Libraries, archives, memorial halls, museums, art galleries, cultural centers, etc., reproduce works collected by the library for the purpose of displaying or preserving editions;
9) Free performances of published works that do not charge a fee to the public or pay the performers and are not for profit;
10) Copying, painting, photography, or videotaping works of art set up or displayed in public places;
11) Translate works created in the standard spoken and written language of the state that have been published by Chinese citizens, legal persons, or unincorporated organizations into works in minority languages for publication and distribution in the country;
xii) make available published works in an accessible manner that is perceptible to persons with print disabilities;
13) Other circumstances provided for by laws and administrative regulations.
The provisions of the preceding paragraph apply to restrictions on copyright-related rights.
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
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. >>>More
But there is also an author of this part, who does not sell the copyright of her work, but licenses the work to the TV series producer. This is often referred to as copyright licensing. >>>More
Due to the different types of works and the different ways in which the works are used, copyright licensing contracts can be classified from different perspectives. >>>More
But there is also an author of this part, who does not sell the copyright of her work, but licenses the work to the TV series producer. This is often referred to as copyright licensing. >>>More