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8.4.4 Does a trademark license relationship remain in force after an assignment of the trademark has been recorded?

If the trademark rights have been assigned after the recordation of the trademark licensing is binding upon a bona fide third party through a public notice, the assignee shall undertake any encumbrance created in connection with that registered trademark. Therefore, the license agreement is still binding upon the assignee. In other words, the licensee may continuously claim the right to use the licensed trademark until the use term as agreed in the license agreement expires, which is not affected by the assignment of the trademark rights. (§39Ⅲ, Trademark Act)

  • Publish Date : 2008-04-24
  • Update : 2020-12-07
  • Organization : International Legal Affairs Office
  • Visitors : 587

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