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Article 1. In order to strengthen the administration of trademark license contracts and to regulate the acts of trademark licensing, these Measures are enacted in accordance with the relevant provisions of the Trademark Law of the People's Republic of China and the Detailed Rules for the Implementation of the Trademark Law of the People's Republic of China. Article 2. A trademark registrant must conclude a trademark license contract if he is to license others to use its registered trademark. Article 3. The principles of free will and good faith must be observed in the conclusion of a trademark license contract. No entity or individual may use the license contract for illegal activities or for impairing the public interests and the legitimate rights and interests of the consumers. Article 4. Within 3 months from the day of conclusion of a trademark license contract, the licenser shall submit the duplicate of that contract to the Trademark Office for record. Article 5. A party may either entrust a trademark agency recognized by the State Administration for Industry and Commerce (SAIC), or directly go to the Trademark Office to handle the putting-on-record of the trademark license contract. Where the licenser is a foreigner or foreign enterprise, he/it shall entrust a trademark agency designated by SAIC to handle the record matters. Article 6. A trademark license contract shall include at least: (1) Licensed trademark and the registration number thereof; (2) Range of commodities on which the trademark is licensed to use; (3) Period of the licensed use; (4) Method for providing the symbol of the licensed trademark; (5) Terms on supervision by the licenser of the quality of the commodities of the licensee on which the registered trademark is used; and (6) Terms on indication of the name of the licensee and the place of production on the commodities on which the licenser's registered trademark is used. Article 7. The following documents shall be submitted when applying for putting a trademark license contract on record: (1) Trademark license contract record form; (2) Duplicate of the trademark license contract; and (3) Photocopy of the registration certificate of the licensed trademark. When putting a license contract of human-use pharmaceutical trademark on record, the valid certifications that the licensee obtained from the administrative department of health shall be submitted at the same time. When putting a license contract of cigarette, cigar or packed tobacco trademark on record, the valid certifications that the licensee obtained from the tobacco authorities of the state shall be submitted at the same time. Documents in foreign languages shall be accompanied by Chinese translations. Article 8. Where a trademark registrant licenses a third party to use its registered trademark through the licensee, the trademark license contract shall include contents such as allowing the licensee to license a third party, or the registrant shall present a corresponding letter of authorization. Article 9. To apply for putting a trademark license contract on record, the applicant shall fill in the trademark license contract record forms according to the numbers of the trademarks licensed to use, and shall submit the corresponding duplicates of the contract, as well as the photocopies of the Trademark Registration Certificate. Where the licensee is licensed to use several trademarks through one contract, the licenser shall submit the trademark license contract record forms, as well as the photocopies of the Trademark Registration Certificate according to the numbers of the trademarks, however, it may submit only one duplicate of the license contract. Article 10. To apply for putting a trademark license contract on record, the licenser shall pay the record fee according to the number of trademarks licensed. The record fee may be directly paid to the Trademark Office, or may it be paid by a trademark agency entrusted. The specific charging standards shall conform to the relevant provisions on the charges of trademark services. Article 11. In any of the following situations, the Trademark Office will not put the trademark license contract on record: (1) The licenser is not the registrant of the licensed trademark; (2) The licensed trademark is inconsistent with the registered trademark; (3) The registration number of the licensed trademark is inconsistent with the trademark registration number provided; (4) The period of licensed use exceeds the valid term of the registered trademark; (5) The commodities on which the trademark is licensed to use exceed the approved range of commodities on which the registered trademark may be used; (6) The trademark license contract lacks the contents specified in Article 6 of these Measures; (7) The application lacks the documents specified in Article 7 of these Measures; (8) The trademark license contract record fee hasn't been paid; (9) The documents in foreign languages used in the application are not accompanied by Chinese translations; or (10) Other situations in which the contract shall not be put on record. Article 12. Where the documents for putting a trademark license contract on record are complete, and meet the relevant provisions of the Trademark Law and the Detailed Rules for the Implementation of the Trademark Law, the Trademark Office shall put that contract on record. For the trademark license contracts put on record, the Trademark Office shall send a notice on the record to the applicant, and shall publish such contracts on the 2nd issue of Trademark Proclamation of each month collectively. Article 13. Where any requirements for putting-on-record is not met, the Trademark Office shall return the application and explain the reasons. The licenser shall, within 1 month from the day of receiving the record materials, make up the contents designated by the Trademark Office and submit the application for record again. Article 14. In any of the following situations, the applicant shall file a new application for putting the trademark license contract on record: (1) The range of the commodities on which the trademark is licensed to be used is altered; (2) The period of licensed use is altered; (3) The ownership of the licensed trademark is transferred; or (4) Other situations in which a new application shall be filed for putting- on-record. Article 15. The licenser and the licensee shall notify by written form the Trademark Office, as well as the respective departments of industry and commerce administration at the places where they are located of the following situations: (1) The name of the licenser is altered; (2) The name of the licensee is altered; (3) The trademark license contract is terminated before the expiration; or (4) Other situations that shall be notified. Article 16. If any one has the contract put on record through deceitful means or other wrongful means, the Trademark Office shall nullify the record of the trademark license contract, and proclaim the nullification. Article 17. With respect to the trademark license contracts already put on record, any entity or individual may file a written application for enquiry, and shall pay the enquiry fee pursuant to the relevant provisions. Article 18. According to Article 35 of the Detailed Rules for the Implementation of the Trademark Law, the licenser and the licensee shall, within 3 months from the day of conclusion of the license contract, submit the duplicate of that contract to the local department of industry and commerce for deposit and enquiry, the specific measures shall be carried out by referring to these Measures. Article 19. The departments of industry and commerce administration at the county level and above shall, in accordance with the Trademark Law and other laws, regulations and rules, be in charge of the direction, supervision and administration of the acts of trademark licensing. Article 20. Those who engage in illegal activities by using the trademark license contract shall be dealt with by the departments of industry and commerce administration at the county level and above according to the Trademark Law and other laws, regulations and rules; where a crime is constituted, the criminal responsibilities shall be prosecuted for pursuant to law. Article 21. The trademark licenser used in these Measures refers to the party that licenses others to use its registered trademark in the trademark license contract, and the trademark licensee refers to the party that meets the relevant provisions of the Trademark Law and the Detailed Rules for the Implementation of the Trademark Law, and that is licensed by the trademark licenser to use its registered trademark. The provisions of these Measures concerning commodity trademarks shall be applicable to service trademarks. Article 22. The model of trademark license contract shall be formulated and promulgated by the Trademark Office. Article 23. These Measures shall come into force as of the date of promulgation. The Matters of Attention in Putting on Record of Trademark License Contracts promulgated by the Trademark Office on February 25, 1985 shall be repealed at the same time. Attachments: 1. Trademark License Contracts (Model) 2. Notice on Record of Trademark License Contract Attachment 1: TRADEMARK LICENSE CONTRACTS (MODEL) Contract number: Place of conclusion: Trademark licenser (Party A) _____________________ Trademark Licensee (Party B) ______________________ In accordance with Article 26 of the Trademark Law of the People's Republic of China and Article 35 of the Detailed Rules for the Implementation of the Trademark Law, Party A and Party B conclude this trademark license contract upon consultation and pursuant to the principles of free will and good faith. 1. Party A licenses Party B to use its No._____ trademark registered for commodity _________ of category ________ on commodity ___________ of category. Trademark symbol: 2. The period of licensed use is from Date ____ Month ____ Year_____ to Date ____ Month ____ Year ____. Upon the expiration of the contract and if it is needed to extend the period of use, Party A and Party B shall renew the trademark license contract separately. 3. Party A has the right to supervise the quality of the commodities on which Party B uses the registered trademark, and Party B shall guarantee the quality of the commodities on which the registered trademark is used. The concrete measures are: __________________________________________________________________________________________________________. 4. Party B must indicate its enterprise name and the place of production on the commodities on which it uses the registered trademark. 5. Party B may not change at will the characters, graphics or the combination thereof of the registered trademark of Party A, and may not use that trademark beyond the range of commodities on which the trademark is licensed to use. 6. Without the authorization of Party A, Party B may not license any third party to use the registered trademark of Party A by any method and cause. 7. Method for supplying the registered trademark symbols: 8. License fee and the method of payment: 9. In case of termination of this contract before the expiration, Party A and Party B shall, within 1 month from the day of termination, notify by written form the Trademark Office and the respective departments of industry and commerce administration at the county level of the places where they are located of this termination. 10. Liabilities for breach of contract: 11. Settlement of disputes: 12. Other matters: This contract shall be in ___ (pieces), Party A and Party B shall, within 3 months from the day of conclusion, submit the duplicate of this contract for deposit and enquiry to the respective departments of industry and commerce administration at the county level of the places where they are located, and Party A shall submit the duplicate of the contract to the Trademark Office for record. Trademark Licenser (Party A) (Stamp) Legal Representative Address Post Code Date Month Year Trademark Licensee (Party B) (Stamp) Legal Representative Address Post Code Date Month Year Attachment 2: NOTICE ON RECORD OF TRADEMARK LICENSE CONTRACT No [ ] record of contract ___________________: In accordance with the relevant provisions of the Trademark Law of the People's Republic of China and the Detailed Rules for the Implementation of the Trademark Law of the People's Republic of China, the duplicate of the No._____________ _______________trademark license contract licensing ____________ to use, which you ( ) submitted to this Office on Date ____ Month ____ Year ____ has been put on record upon examination. The number of record of your trademark license contract is _______________. (Stamp of the Trademark Office) Date Month Year |
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