Licensing of industrial
property subject in general or of trademark in specific
is regulated in Intellectual Property law. Accordingly, in trademark
licensing, the owner (licensor) grants permission to another (licensee) to use
that trademark on mutually agreed terms and conditions. The licensing of trademark
must be established in written form to avoid dispute in trademark licensing.
Accordingly, licensing
of trademark includes the following types: exclusive contract, non-exclusive
contract; sub-license contract.
Firstly, exclusive
contract means a contract under which, within the licensing scope and term, the
licensee shall have the exclusive right to use the licensed trademark while the
licensor may neither enter into any trademark license contract with any third
party nor, without permission from the licensee, use such trademark.
Secondly, non-exclusive
contract means a contract under which, within the licensing scope and term, the
licensor shall still have the right to use the trademark and to enter into a
non-exclusive trademark license contract with others.
Thirdly, trademark
sub-license contract means a contract under which the licensor is a licensee of
the right to use such trademark pursuant to another contract.
In any type of the
contracts, it is required to have the following contents:
full names and addresses of the licensor and of the licensee; grounds for
licensing; contract type; licensing scope including limitations on use right
and territorial limitations; contract term; licensing price; rights and
obligations of the licensor and of the licensee.
Besides the above
contents, the parties also need to take note on the validity of this contract.
Different from assignment contract of trademark when it is required to register
at National office of Intellectual Property of Vietnam to take effect, the licensing
contract of trademark does not required this kind of registration for taking
effect. Licensing contract shall automatically be terminated upon the
termination of the licensor's trademark right.
If Client needs any more
information or request for legal advice regarding licensing of trademark or dispute
in trademark licensing contract,
our Intellectual Propertyattorney in
Vietnam at ANT Lawyers will be of help.
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