1. In the case of exclusive license, the licensor can continue to use its own trademark, but the licensor can no longer license others to use its own trademark;
2. In the case of exclusive license, not only can other third parties not be licensed to use the trademark, but also the licensor cannot use its own trademark.
Intellectual property licensing is mainly divided into:
1, exclusive license contract
That is, the licensee enjoys the exclusive right to use the intellectual property in a certain region and within a certain period of time, and the licensor and any third party may not use the intellectual property in the region within the specified period of time. Exclusive licenses are generally used in the fields of trademarks and patents. Due to its harsh use restrictions, the transferee has to pay higher usage fees and enjoy the market advantages brought by technology and brand advantages.
2. Exclusive license contract
Refers to the licensor allowing the importer to use its intellectual property rights within the time limit and territory stipulated in the contract; Licensor shall not license the intellectual property to a third party, but Licensor reserves the right to use the intellectual property. The degree of restriction is lower than that of exclusive license and higher than that of ordinary license.
3. General license contract
It means that the licensor allows the licensee to use its intellectual property rights within the time limit and territory stipulated in the contract, while retaining the right to use it, and at the same time retaining the right to license others to use it. This kind of license fee is low.
To sum up, the difference between exclusive license and exclusive license mainly lies in whether the licensor can continue to use his own trademark.
Legal basis:
the trademark law of the people's republic of china
Article 43
A trademark registrant may authorize others to use its registered trademark by signing a trademark license contract. The licensor shall supervise the quality of the goods in which the licensee uses its registered trademark. The licensee shall guarantee the quality of the goods using the registered trademark.
Where a registered trademark of another person is used with permission, the name of the licensee and the place of origin of the goods must be marked on the goods using the registered trademark.
Where another person is licensed to use its registered trademark, the licensor shall report the licensing of the trademark to the Trademark Office for the record, and the Trademark Office shall make an announcement. Without filing, the trademark license shall not be used against bona fide third parties.