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:
a.the name and address of the licensor and the licensee
b.trademark and its registration number
d.licensed term: with the registration period
e.goods quality supervision
f.indication of licensee's name and address on goods
g.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.