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Is secondary authorization legal?

There are two situations of secondary authorization:

Re-authorization of a trademark with explicit written authorization is valid and legal; unless there is explicit written authorization, secondary authorization is not allowed.

Secondary authorization is not allowed unless expressly authorized in writing.

First of all, to authorize a trademark, you need to sign a trademark authorization use agreement and explain the cost and period of use to avoid disputes later. Of course, it is not necessary to set a use period, but the trademark itself has a use period, and when the above use period expires, the authorized period will also expire.

The Trademark Law stipulates that trademark license contracts must be reported to the Trademark Office for filing. A trademark registrant can license others to use its registered trademark by signing a trademark license contract. A copy of the contract shall be submitted by the licensor to the Trademark Office for filing within three months from the date of signing the trademark license contract. The licensor shall supervise the quality of the goods used by the licensee using its registered trademark. The licensee shall ensure the quality of its products using the registered trademark. The licensee must indicate the name of the licensee and the origin of the goods on the goods using the registered trademark.

Legal basis

"People's Republic of China and Civil Code"

Article 919 An entrustment contract is an agreement between the principal and the trustee. A contract under which an attorney handles the affairs of the principal. Article 922 The trustee shall handle the entrusted affairs in accordance with the instructions of the principal. If it is necessary to change the principal's instructions, the principal's consent must be obtained; if it is difficult to contact the principal due to an emergency, the trustee shall properly handle the entrusted affairs, but shall promptly report the situation to the principal afterwards.

"Trademark Law of the People's Republic of China"

Article 39 The validity period of a registered trademark is ten years, calculated from the date of approval of registration. Article 40 If a registered trademark expires and needs to be continued to be used, the trademark registrant shall go through the renewal procedures in accordance with the regulations within twelve months before expiration; if it fails to do so during this period, a six-month extension period may be granted . Each renewal of registration is valid for ten years, starting from the day after the expiration of the previous term of validity of the trademark. If renewal procedures are not completed upon expiration, the registered trademark will be cancelled. The Trademark Office shall announce the renewal of registered trademarks. Article 41 If a registered trademark needs to change the name, address or other registration matters of the registrant, an application for change shall be submitted.