Notes On The Application For Registration Of Registered Trademarks

A trademark registrant may permit another person to use his registered trademark by signing a trademark usage contract.

The Licensor shall submit the copy of the contract to the Trademark Office for record within 3 months from the date of signing the trademark licensing contract.

The Licensor may go to the trademark registration hall of the trademark office or go to the trademark authorized agency authorized by the State Council.

Two. Handle steps

(1) if a trademark agency is entrusted with the record of the trademark licensing contract, the applicant may voluntarily select any trademark authorized agency authorized by the state.

All trademark agencies registered in the Trademark Office are published in the "agency" column.

(two) if the applicant applies directly to the trademark registration hall for trademark registration application, the applicant may proceed according to the following procedures: prepare the application document, submit the application document at the reception hall of the trademark registration hall, collect the bar code at the code window, and pay the filing fee at the payment window.

Three. Preparation of application forms

(1) application forms to be submitted

1, a registered trademark is permitted to be used by a licensee, and an application for filing the trademark license contract shall be submitted.

2. If the applicant is a natural person, he should submit a photocopy of the valid document that can prove his identity (such as identity card). If the applicant is a legal person or any other organization, he shall submit a copy of the business license affixed with the applicant's official seal.

3. A copy of the trademark license contract or a copy of the notarized trademark license contract.

4, the contract text should be accompanied by the corresponding Chinese plation at the same time.

5, when you go to the registration hall, you should submit a photocopy of your identity card.

6, the entrusted trademark agency shall also submit a letter of attorney for trademark agency.

(two) specific requirements

1, all books should be neat and clear, and the application for filing should be typed.

2, the parties to the license contract should sign or seal the contract.

If a party is a legal person or any other organization, the official seal of the applicant shall be affixed, and a foreign legal person or other organization may be signed by the legal representative or authorized person.

3, the application form should comply with the following requirements:

(1) the name of the Licensor, the number of the registration certificate, the name of the commodity or service should be exactly the same as the name of the registrant, the number of the registration certificate, the name of the commodity or the service.

(2) the goods or services permitted shall not exceed the scope of the commodities or services approved for use in the trademark registration certificate.

(3) the time limit for licensing shall not exceed the expiration date of the trademark registration certificate.

(three) the trademark license contract must have the following clauses:

1. The brand name and its registration number of the license.

2, the scope of licensed goods and services.

3, the time limit for licensing.

4, the Licensor shall supervise the Licensee's use of the quality of the registered trademark.

5, the Licensee shall indicate the name of the licensee and the terms of origin of the goods on the commodity that he uses the licensed trademark.

Four. The filing fee of trademark license contract shall be paid 300 yuan for each trademark application license contract filing application.

Where a trademark agency is entrusted, the applicant shall pay the record fee and agency fee to the trademark agency, and the record fee charged by the Trademark Office shall be deducted from the advance payment of the trademark agency.

Five. The application for the record of the trademark license contract shall be filed with the application for the record of the trademark license contract. The Trademark Office shall file the record and send the notification to the applicant or his agent by mail.

Six, matters needing attention

1, Licensor must be a registered trademark owner or a licensor authorized by a registered trademark owner. The licensee may be a natural person, a legal person or other organization.

2. The procedures for filing trademark license contracts shall be handled by licensors.

3. A contract allows a licensee to use multiple trademarks. The Licensor shall submit an application for the record of the trademark license contract in accordance with the quantity of the trademark, but only one copy of the trademark license contract can be reported, other applications shall submit a copy of the contract, and the original contract shall be specified.

4. If a licensee uses a trademark through a contract, the Licensor shall submit an application for the record of the trademark license contract in accordance with the quantity of the licensee, but only one copy of the trademark license contract can be reported.

5, the trademark registrant may authorize the licensee to re authorize the trademark to the third party in the license contract, or issue a corresponding authorization letter, authorizing the licensee to re authorize the trademark to the third party.

If the licensee re authorizes the third party to use the registered trademark, it shall submit the original contract with the original applicant, including the permission to use the content of the third party, or the corresponding authorization letter issued by the original licensor.

If the above contract or authorization is filed with the Trademark Office, the Licensor shall submit the original copy of the above contract or the original copy of the power of attorney or the notarized copy.

In the case of multiple re licensing, the Licensor shall submit a copy of the contract from the first license to the use of this license, the original of the power of attorney or the notarized copy.

6. The application for trademark pfer can not be filed in the name of the pferee without the approval of the trademark office.

7. The Trademark Office shall not accept the application for the record of the trademark license contract which does not meet the requirements, or notify the Licensor to correct it.

The Licensor shall, within 1 months from the date of receipt of the notification, make a mailing or directly deliver the Trademark Office to the Trademark Office in accordance with the contents specified by the Trademark Office, together with the amendment notice.

8, once the trademark license contract is entered into force in accordance with the agreed time and conditions, it is legally binding on the parties to the contract.

Whether the trademark license contract is filed has no effect on the legal validity of the contract itself.

However, if the parties to the contract enter into a trademark licensing contract, they explicitly stipulate that the trademark license contract shall be recorded by the trademark office as a condition for the entry into force of the contract.

9. When a trademark license contract is terminated in advance, the Licensor and the Licensee shall submit the registration to the Trademark Office within 3 months from the date of the termination of the agreement between the two parties or the decision made by the court and the arbitration organ.

10, the trademark application license contract filing notice is published in the second issue of the trademark notice published every month. The main contents are: trademark registration number, trademark, the name of Licensor and the licensee, licensed goods, and the time limit for licensing.

11, the registration procedures for trademark license contracts are handled through trademark agencies, and the trademark office sends the relevant documents to the trademark agency.

12. When handling the application for alteration of the trademark license contract, it is necessary to submit the certificate of change issued by the enterprise registration authority.

Seven. Model text of trademark licensing contract

trademark licensing contract

(model text)

Place of signature:

Trademark licensor (Party A)

Trademark licensee (Party B)

According to the fortieth article of the Trademark Law of the People's Republic of China and the forty-third provision of the regulations on the implementation of the Trademark Law of the People's Republic of China, both parties shall abide by the principle of voluntariness and good faith and sign the license contract for the use of this trademark through consultation.

1. Party A shall permit Party B to use the number one trademark on the category commodity to be used by Party B on such goods.

Two, the form of permission.

Three. The time limit for licensing is from the date of January to the end of the year.

If the contract expires, the extension of use time shall be renewed by both parties.

Four, Party A shall have the right to supervise the quality of the goods registered by the Party B, and Party B shall guarantee the quality of the goods registered with the registered trademark.

Specific measures are.

Five, Party B must mark its own business name and origin of goods on the registered trademark.

Six, Party B shall not arbitrarily change the characters, graphics or combinations of the registered trademarks of Party A, and shall not use the registered trademarks of Party A beyond the permitted commodity scope.

Seven, without Party A's authorization, Party B shall not use the registered trademark of Party A for third reasons in any form and reason.

Eight, the amount of license fees, calculation method and payment method.

Nine, liability for breach of contract.

Ten, dispute resolution.

Eleven, other matters.

This contract is in duplicate, and shall be submitted to the Trademark Office for record three months from the date of signing.

Trademark licensor (Party A) trademark licensee (Party B)

(signature) (signature)

The legal representative of the legal representative

Address address

Zip code

Specific date

(1) the above contents are not official documents issued by the State Administration for Industry and commerce or the Trademark Office of the State Administration for Industry and commerce. Therefore, all contents are instructive and without any legal binding force.

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