Research Of The Trademark Permission System

When the permission contract terminated, the controversy on the Wong Lo Kat trademark between the two corporations is lasting. Although the two parts all have responsibility for the controversy, the main problem is the imperfection of the permission system.Through explain the trademark distinctiveness, dividing distinctiveness into the basic distinctiveness and the value added distinctiveness. The real value of the trademark is in the value added distinctiveness which is obtained by “using”. Therefore, the trademark owner had to continued use the registered trademark by himself, just give a permission cannot be contained as “using”. As this, the Exclusive Permission which forbid the owner’s “using” should be abolished.During the permission process, the licensee should make a obvious mark on the product to show himself, so that the customer can understand who is the real producer clearly, then they can make their real choice. It also had function to the distribution of the goodwill.Thanks to the invisible of the trademark and the cognize during the permission, while the permission contract terminated, the distribution of the goodwill could consider the trademark, the packing and the advertisement one by one. What’s more, concurrent use of the trademark could be one of the good choices for the parts.