RECORDATION OF LICENSE |
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. A copy of the licensor’s Identification Document (i.e.: if the licensor is a company, its certificate of incorporation sealed by the corporation on the blank place of the copies; if the licensor is a natural person, his ID card or passport signed by him on the blank place of the copies.); 5. A copy of the licensee’s Identification Document (i.e.: if the licensee is a company, its certificate of incorporation sealed by the corporation on the blank place of the copies; if the licensee is a natural person, his ID card or passport signed by him on the blank place of the copies.); 6. One Power of Attorney signed by the licensor (company chop needed for Chinese entity); 7. 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. |