Comparative Guides
Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.
Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.
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Results: 4 Answers
Trademarks
9.
Licensing
9.1
Are there particular requirements, such as quality control by the licensor, for a trademark licence to be valid?
 
China
A licensor must supervise the quality of the goods for which the licensee uses its registered trademark, and the licensee must guarantee the quality of the goods on which the registered trademark is used.

If any person is authorised to use another party’s registered trademark, the name of the licensee and the origin of the goods must be indicated on goods that bear the registered trademark.

For more information about this answer please contact: Stephen Yang from IP March
9.2
Must trademark licences be recorded with the trademark office or other governing body?
 
China
A licensor that licenses others to use its registered trademark must submit the trademark licence to the China Trademark Office (CTMO) for recordal and the CTMO shall publicise the licence accordingly. In case of failure to record, the licence cannot be enforced against a bona fide third party.

For more information about this answer please contact: Stephen Yang from IP March
9.3
Can a licensor lose its rights in a trademark by failing to comply with its obligations under the licence, such as maintaining quality control?
 
China
No.

For more information about this answer please contact: Stephen Yang from IP March