Research On The Rescission Of Registered Trademark License Contract

The rescission of registered trademark license contract is refers to that after sign registered trademark license contract, one party or both parties eliminate the relationship of the registered trademark license contract. The rescission of registered trademark contract can guarantee the legitimate rights and interests of the parties to the contract, protecting consumer consumption safety. Making sure other operators regain get the chance of contracting. The rescission of registered trademark license contract is regulated by the contract law, trademark law, anti unfair competition law and so on.The rescission of registered trademark license contract conditions include termination of agreement, unilateral termination, judicial relieve.In rescission of agreement, the main body need legal and qualification. Means expression meet the condition. Do not damage the public interest. The condition of unilateral termination includes force majeure, delay of performance, anticipatory breach of contract and other fundamental breach. Judicial relieve conditions including registered trademark licensing contract with illegal content or the contract has no foundation to continue to perform.The program of rescission of registered trademark license contract is divided into the general procedure and the special procedure. The general procedure is based on the existing provisions of the law. The special procedure includes the system of consumer publicity and third person to be informed. The period of the right of rescission should be shorten.After the rescission of registered trademark license contract, the licensor shall be submitted to the Trademark Office for the record.When registered trademark license contract is relieved. The goodwill should belong to the licensor. If the licensee gain the independent reputation, this goodwill should belong to the licensee. Commodity packaging, decoration, slogan should belong to licensor in most cases. The liability mode should application of restitution. The Civil liability includes the expenditure when both parties conclude contract. The profit, the trademark usage fees, the ready expenditure.