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Trademark license
contract should be signed when a trademark registrant
licenses a third party to use its/his registered trademark.
Once a trademark license contract is signed, the licenser
should, within 3 months from the conclusion of the contract,
record it at the Trademark Office. Upon approval, the
Trademark Office will issue the Notification on Recordation
and publish the same. Requirements on Entrusting an
Application for Recordation of Trademark License
1. information of the trademark registration to be
licensed as well as copy of Trademark Registration Certificate;
2. name and address of both licensor and licensee
in both English and Chinese;
3. Application Form for Recordation signed by the
Licensor (company chop needed for Chinese entity), one
trademark/one licensee needs one Application Form;
4. copy of personal identification card of the licensee;
if the licensee is a Chinese entity, then copy of its
business license or registration certificate;
5. one Power of Attorney signed by the licensor (company
chop needed for Chinese entity);
6. one original or notarized copy of Trademark License
Agreement, executed by both the licensor and licensee,
with a Chinese translation if the agreement is in foreign
language.
The trademark License Agreement usually should include
the following information:
1) the name and address of the licensor and the
licensee
2) trademark and its registration number
3) licensed goods/service
4) licensed term: with the registration period
5) goods quality supervision
6) indication of licensee's name and address on
goods
7) way of providing the trademark labels, etc.
If the trademark owner allows the licensee to further
license a third party its/his trademark (so called sub-license),
such should be mentioned in the Agreement, or by a separate
authorization letter.
The license term in the Agreement should not exceed
the trademark registration term, and the goods licensed
should not exceed the goods registered.
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