After a trademark is approved for registration, the trademark registrant enjoys the exclusive right to use the trademark. Where a trademark registrant licenses others to use its registered trademark, it must sign a trademark license contract with the user. Licensor and licensee shall, within 3 months from the date of signing the contract, submit the trademark license contract to the Trademark Office for the record. The licensor may directly go to the trademark registration hall of the Trademark Office to file the trademark license contract, or entrust a nationally recognized trademark agency to file the trademark license contract.

Second, the processing steps

(1) Where a trademark agency is entrusted to handle the registration of a trademark license contract, the applicant may voluntarily choose any trademark agency recognized by the state to handle it. All trademark agencies registered in the Trademark Office are published in the column of "Agencies".

(2) Applicants who apply for trademark registration directly in the trademark registration hall can go through the following steps: preparing the application documents → submitting the application documents in the acceptance window of the trademark registration hall → entering the receipt barcode in the coding window → paying the filing fee in the payment window → receiving the Notice of Filing the Trademark License Contract.

Third, the preparation of application documents

(a) the application documents to be submitted

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

2. If the applicant is a natural person, a copy of a valid certificate (such as an ID card) that can prove his identity shall be submitted.

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

If the contract is written in a foreign language, the corresponding Chinese translation should be attached.

5. Where a trademark agency is entrusted, a power of attorney for trademark agency shall also be submitted.

(2) Specific requirements

1. All documents shall be written neatly and clearly, and the filing application shall be printed by typewriter.

2. Both parties to a licensing contract must affix their respective seals to the contract. If there is no seal, it shall be signed by the legal representative.

3. The application form shall meet the following requirements:

(1) The licensor's name, registration certificate number, commodity or service name in the application form shall be completely consistent with the registrant's name, registration certificate number, commodity or service name in the trademark registration certificate.

(2) Licensed goods shall not exceed the scope of goods approved for use in the trademark registration certificate.

(3) The license period shall not exceed the validity period on the Trademark Registration Certificate.

(3) A trademark licensing contract must have the following terms:

(1) Name of the licensed trademark and its registration number.

(2) the scope of licensed goods and services.

(3) the duration of the license.

(4) the way of providing the registered trademark logo used by the licensee.

(five) the terms of the licensor's supervision over the quality of the goods in which the licensee uses its registered trademark.

(six) the terms in which the licensee indicates the name of the licensee and the origin of the goods using the licensed trademark.

Four. Filing fee for trademark license contract 300 yuan paid the filing fee for trademark license contract to the Trademark Office. Where a trademark agency is entrusted, the applicant shall pay the application fee and agency fee to the trademark agency, and the application fee charged by the Trademark Office shall be deducted from the advance payment of the trademark agency.

Verb (verb's abbreviation) Obtaining Notice of Filing Trademark License Contract If the application for filing trademark license contract is complete after examination and meets the relevant provisions of filing trademark license contract, the Trademark Office shall file it and mail the notice of filing to the applicant or his agent.

Matters needing attention about intransitive verbs

1. The licensor must be the owner of the registered trademark, and the licensee can be a natural person, legal person or other organization.

2, trademark licensing contract filing procedures shall be handled by the licensor.

3. If the licensee is licensed to use more than one trademark through a contract, the licensor shall submit an application for filing the trademark license contract according to the number of trademarks, but only one copy of the trademark license contract can be submitted.

4. If multiple licensees are licensed to use a trademark through one contract, the licensor shall submit an application for filing the trademark license contract according to the number of licensees, but only one copy of the trademark license contract can be submitted.

5. In the trademark licensing contract signed by the licensor and the licensee, if both parties agree that the licensee can license the content used by a third party, or the licensor issues a power of attorney to the licensee to allow the sublicense, the licensee may sublicense the registered trademark of the licensor to a third party. The filing procedure of a trademark sub-licensing contract is the same as that of a trademark licensing contract. After the sub-licensing contract is filed, the Trademark Office shall make an announcement, and the licensor shall be the sub-licensor.

6. If a trademark registrant changes the name of the registrant and applies for renewing the trademark without the approval of the Trademark Office, he can apply for registration in the name of the changed registrant as long as he submits the notice of acceptance from the Trademark Office and other supporting documents issued by the enterprise registration authority with the filing materials.

7. When the trademark transfer application is not approved by the Trademark Office, the trademark license contract cannot be filed in the name of the transferee.

8. The Trademark Office will not accept the application for filing a trademark license contract that does not meet the requirements or notify the licensor to make corrections. The licensor shall, within 1 month from the date of receiving the notice, make corrections according to the contents specified by the Trademark Office, and send them to the Trademark Office by mail or directly.

9. A legally concluded trademark license contract shall be legally binding on the parties to the contract once it comes into effect at the agreed time and conditions. Whether the trademark license contract is filed or not does not affect the legal effect of the contract itself. However, if the parties to a contract clearly stipulate that the trademark license contract shall be filed with the Trademark Office as a condition for the contract to take effect when concluding the trademark license contract, the contract without filing shall have no legal effect.

10. If the trademark license contract is terminated in advance, the licensor and the licensee shall, within 3 months from the date when both parties sign the termination agreement or the court or arbitration organ makes the termination decision, submit it to the Trademark Office by mail or directly for the record.

1 1. The filing announcement of trademark license contract is published in the second issue of Trademark Announcement published every month, which mainly includes: trademark registration number, trademark, names of licensor and licensee, licensed goods, licensed use period, etc.

12. If the applicant entrusts a trademark agency, the Trademark Office will not have any direct contact with the applicant, and all documents will be sent to the trademark agency.

Seven. Model text of trademark licensing contract

Trademark licensing contract

(Model text)

Contract number:

Signing place:

Trademark Licensor (Party A)

Trademark Licensee (Party B)

According to the provisions of Article 40 of the Trademark Law of People's Republic of China (PRC) and Article 43 of the Regulations for the Implementation of the Trademark Law, Party A and Party B sign this trademark license contract on the principles of voluntariness, good faith and consensus.

1. Party A authorizes Party B to use the serial number. Party B is a registered trademark of class goods.

Second, the licensing form (exclusive, exclusive, ordinary).

3. The term of the license is from the date of the month to the date of the month. Upon the expiration of the contract, if it is necessary to extend the use time, Party A and Party B shall renew the trademark license contract separately.

Four. Party A has the right to supervise the quality of goods using registered trademarks by Party B, and Party B shall guarantee the quality of goods using registered trademarks. Specific measures are as follows.

Party B must use the registered trademark to indicate the name of its own enterprise and the origin of the goods.

6. Party B shall not change the words, graphics or combination of Party A's registered trademark without authorization, and shall not use Party A's registered trademark beyond the scope of licensed goods.

7. Without the authorization of Party A, Party B shall not license the registered trademark of Party A to a third party in any form or for any reason.

Eight, to provide a registered trademark logo:

Nine, the license fee amount, calculation method and payment method:

X. Conditions for early termination of a trademark licensing contract.

1 1. After the termination of this contract, Party B shall immediately stop using the trademark, and the remaining trademarks shall be owned by Party B; Commodities with the trademark circulating in the market should be withdrawn from the market within months.

Twelve. Liability for breach of contract:

XIII. Dispute Resolution:

Fourteen Other matters:

This contract is made in duplicate, three months from the date of signing, and Party A shall submit it to the Trademark Office for filing.

Trademark Licensor (Party A) Trademark Licensor (Party B)

(signature) (signature)

Legal representative

Address address

Postal code

date month year

Eight. Special statement

The above contents are not officially released by the State Administration for Industry and Commerce or the Trademark Office of the State Administration for Industry and Commerce. So all the contents are instructive and not legally binding.