Current location - Trademark Inquiry Complete Network - Trademark registration - 2016 Shenzhen trademark registration conditions
2016 Shenzhen trademark registration conditions

There are many companies that register trademarks now, but what are the conditions generally required to register a trademark now? How to register a company trademark in Shenzhen? The editor has brought you the conditions for trademark registration? Relevant knowledge may be what you need. Conditions that a trademark applied for registration should meet

(1) The trademark applied for registration must have constituent elements;

(2) The trademark applied for registration should be distinctive;

(3) The trademark applied for registration shall not use signs prohibited by law.

(4) The trademark applied for registration shall not be identical or similar to the trademark that has been registered or preliminarily approved by others for the same or similar goods or services.

(5) The trademark applied for registration shall not be identical or similar to a registered trademark that has been revoked or canceled for less than one year. What are the types of trademarks that can be applied for registration

1. Ordinary trademarks (commodity trademarks, service trademarks)

Ordinary trademarks (commodity trademarks, service trademarks) are the most basic forms of trademark use. Registration and management shall be carried out in accordance with the relevant provisions of the Trademark Law (the latest revised version on October 27, 2001) and the Implementing Regulations of the Trademark Law (the latest version on August 3, 2002).

1. Product trademark

A product trademark is the mark of the product. It is the most basic form of expression of a trademark, and what is usually called a trademark mainly refers to a commodity trademark.

Once a product trademark is registered by a production (sales) enterprise, the enterprise has the exclusive right to use the product trademark and is protected by law.

Commodity trademarks can be divided into industrial trademarks of commodity producers and commercial trademarks of commodity sellers.

Industrial trademark: refers to a trademark that clearly indicates the producer of the product (also called a manufacturing trademark). This kind of trademark has the same meaning as a "manufacturer's name". It enables the goods produced by the commodity producer to have the producer's mark, thereby distinguishing it from other producers, and conveying to consumers the meaning contained in the producer of a certain commodity. Information and sources.

Commercial trademark: refers to the trademark used by sellers (operators) to sell goods (also called sales trademarks). The focus of this kind of trademark is to promote the mark of the seller of the goods, not the producer of the goods. Those who use such trademarks are often commercial enterprises with high reputation and strength. They produce goods with their own trademarks under OEM brands, thereby ensuring some credibility to consumers.

Generally, there is no distinction between the above two trademark types when used, and they are both used as commodity trademarks.

2. Service trademarks

Service trademarks (also known as service marks or labor marks) refer to operators who provide services to distinguish the services they provide from those provided by others. And use the logo. Also called a service mark. Service marks also consist of words, graphics, letters, numbers, three-dimensional logos and colors, as well as combinations of the above elements.

In economic activities, the products of some enterprises are not provided to consumers as tangible goods, but as some kind of commercial services to meet the needs of consumers. Such as travel services, repair services, insurance services, entertainment services, transportation services, postal and telecommunications services, etc. Such different "products" provided by different companies also need different marks to distinguish them. For example, China's Civil Aviation Airlines, Britain's British Airways, Germany's Lufthansa, etc., all provide the same service, but each has a different service mark.

Service trademarks have the same nature as commodity trademarks, except that commodity trademarks provide consumers with goods, while service trademarks provide consumers with services. The services referred to here refer to services with labor elements provided by the tertiary industry for consumers. The legal provisions regarding commodity trademarks in the "Trademark Law" (the second revised edition on October 27, 2001) and the "Regulations on the Implementation of the Trademark Law" (edition on August 3, 2002) also apply to service marks. See the National Trademark Administration for Industry and Commerce The Trademark Office of the Administration Bureau's "Opinions on Several Issues Concerning the Protection of Service Marks" [Trademark (1999) No. 12].

Similar to commodity trademarks, once a service trademark is registered by a service enterprise, the enterprise also has the exclusive right to use the trademark and is protected by law.

Compared with commodity trademarks, service trademarks are a new thing that appeared relatively recently. On February 22, 1993, my country adopted the first revised Trademark Law (No. 1 of February 22, 1993). The second revised edition) has added provisions on service marks. The significance of strengthening the protection of service trademarks is to create a fair competition mechanism in the service industry, which is conducive to the development of the tertiary industry.

II. Collective trademarks and certification marks

Collective trademarks and certification marks shall be determined in accordance with the "Registration and Management Measures for Collective Marks and Certification Marks" (the latest version issued by the State Administration for Industry and Commerce on April 17, 2004). Registration and management shall be carried out in accordance with the relevant provisions of the version).

On April 23, 1995, in Article 6 of the third revised Implementing Rules of the Trademark Law, my country included collective trademarks and certification marks within the scope of legal protection for the first time.

On December 30, 1994, the State Administration for Industry and Commerce issued the "Registration and Management Measures for Collective Trademarks and Certification Trademarks" for the first time.

On December 3, 1998, the State Administration for Industry and Commerce revised and promulgated the "Registration and Management Measures for Collective Trademarks and Certification Trademarks" for the first time.

On October 27, 2001, my country clearly added provisions and definitions for the protection of collective trademarks and certification marks in Article 3 of the third revision of the Trademark Law.

On August 3, 2002, my country's newly formulated "Regulations on the Implementation of the Trademark Law of the People's Republic of China" clarified the detailed rules for applying for protection of collective trademarks and certification marks.

On April 17, 2004, the State Administration for Industry and Commerce revised and issued the "Registration and Management Measures for Collective Trademarks and Certification Trademarks" for the second time.

On January 30, 2007, the State Administration for Industry and Commerce issued the "Measures for the Management of Special Marks for Geographical Indication Products" for the first time.

(1) Collective trademark, also known as group trademark

1. Definition of collective trademark

Trademark Law (Third Edition on October 27, 2001 (Revised Edition) Article 3 defines collective trademarks: The collective trademarks referred to in this Law refer to those registered in the name of a group, association or other organization for use by members of the organization in commercial activities to indicate that the user is a member of the organization. membership sign. ?

Article 2 of the "Registration and Management Measures for Collective Trademarks and Certification Marks" (first revised version on December 3, 1998) defines collective trademarks: ?Collective trademarks refer to trademarks registered by industrial and commercial groups, Trademarks or service marks used by members of associations or other collective organizations to indicate that operators of goods or providers of services belong to the same organization. ?

2. Characteristics of collective trademarks

(1) A collective trademark does not belong to a single natural person, legal person or other organization, that is, it belongs to a society composed of multiple natural persons, legal persons or other organizations. Organization means that goods or services come from a certain collective organization. This collective can be a specific guild, chamber of commerce and other industrial and commercial groups or other collective organizations. The provider of specific goods or services retires as a collective member. behind the collective.

It embodies its characteristics of "***ownership" and "***use";

(2) Collective trademarks are registered and owned in the name of a collective composed of members, and are registered by each member. A collective right for the same use is reflected in the application for registration of collective trademarks, which requires that only collective organizations with legal personality can apply, because only collective organizations with legal personality can own trademark rights in the independent name of their collective ;

(3) Collective trademarks are reflected in the use of trademarks, which means that collective organizations usually do not use the collective trademark, but are used jointly by members of the organization; members who are not members of the organization cannot Use; each member has equal rights to use, and there is no affiliation between members; at the same time, the use of collective members must be supervised, and members who violate the rules of use must be dealt with;

(4 ) Uniform rules should be formulated for the registration, use and management of collective trademarks, detailing the rights, obligations and responsibilities of members, as well as the amount and purpose of management fees, and making them public. Collective members should abide by each other and be subject to public supervision. ;

(5) The ownership and right to use a collective trademark shall not be transferred;

(6) When a collective trademark is infringed and a claim for compensation is made, the damages suffered by members of the collective organization shall be included. Loss included;

(7) When a member withdraws from the collective, he can no longer use the collective trademark. When a new member joins, he can use the collective trademark due to his membership status. As a collective trademark, this membership status is not transferable, and the right to use the trademark based on this identity relationship is also not transferable;

(8) Geographical trademarks can be registered as collective trademarks. If a geographical indication is registered as a collective trademark, a natural person, legal person or other organization whose goods meet the conditions for the use of the geographical indication may request to join the group, association or other organization that has registered the geographical indication as a collective trademark. The group, association or other organization The organization shall be admitted as a member in accordance with its articles of association; any group, association or other organization that is not required to join a group, association or other organization that registers the geographical indication as a collective trademark may also legitimately use the geographical indication, and the group, association or other organization has no right to prohibit it.

3. The significance of protecting collective trademarks

The registration and use of collective trademarks are protected by law, which is conducive to creating the credibility of the collective and expanding its influence. The use of collective trademarks itself has advertising benefits. , which is conducive to achieving economies of scale and expanding influence in the domestic and international markets.

In order to concentrate the power of small and medium-sized enterprises, form competitive products, form quantitative advantages and unified quality management, create well-known trademarks, and improve the competitiveness of goods and services, it is very necessary to register and use collective trademarks. This is also a successful experience that developed countries have adopted.

The practical significance of the use and protection of collective trademarks in our country is that it can strengthen the group's advantages and make up for the lack of strength of our country's small enterprises in international competition to improve their competitiveness in the international market. Occupy the international market. Only by implementing registration protection and granting exclusive rights can we encourage enterprise groups to register abroad and obtain trademark protection.

4. The difference between collective trademarks and ordinary trademarks (commodity trademarks and service marks)

Collective organizations can apply for registration of collective trademarks or ordinary trademarks, but there are differences between the two. The following differences:

(1) Both collective trademarks and ordinary trademarks indicate the operator of goods or services, but collective trademarks indicate that the goods or services come from a certain organization; ordinary trademarks indicate that they come from a certain operator.

(2) A collective trademark can only be applied for registration by an organization; a general trademark can be applied for registration by an organization or an individual operator.

(3) If you apply for a collective trademark, you must submit usage management rules; there is no such requirement for applying for an ordinary trademark.

(4) Collective trademarks cannot be used by members outside the organization; ordinary trademarks can be used by members outside the organization.

(5) A collective trademark licenses its members without signing a license contract; when a general trademark licenses others to use it, a license contract must be signed.

(6) Collective trademarks cannot be transferred; ordinary trademarks can be transferred to others.

(7) The Trademark Office shall not approve the registration of identical or similar trademarks within two years after the collective trademark expires; for ordinary trademarks, it only takes one year for the Trademark Office to approve the registration of identical or similar trademarks.

5. Rights and obligations of collective trademark registrants and users

Once a collective trademark is registered, members of its collective organization can use the collective trademark, but they must follow the collective trademark Fulfill necessary procedures according to usage management rules. The registrant shall issue a "Collective Trademark Standard Use Certificate" in accordance with Article 17 of the "Registration and Management Measures for Collective Trademarks and Certification Marks", and report the user's name, address, trademark or services, etc. to the Trademark Office for filing. , shall be announced by the Trademark Office. The "Standard Certificate for Collective Traders" shall record all contents in detail in the prescribed written format and shall be signed and sealed by the registrant. The registrant of a collective trademark should supervise the use of the trademark by its members in accordance with the law and the quality of the goods they use. If the finished goods using the trademark are shoddy, inferior, and deceive consumers, the registrant of the collective trademark shall bear legal responsibility. The registrant may collect a certain management fee, but it shall not be for profit-making purposes and shall be used exclusively for the management of the collective trademark.

The registrant of a collective trademark may not allow non-members of the collective to use the collective trademark, and may not transfer it to others.

If the exclusive right to use a collective trademark is infringed, the registrant may, in accordance with the relevant provisions of the Trademark Law and the Implementation Regulations of the Trademark Law, request the industrial and commercial administrative authorities to handle the matter, or directly file a lawsuit with the People's Court. Announced users can participate in the above requests as interested parties.

(2) Certification trademarks are also called guarantee trademarks.

1. Definition of certification mark

The definition of certification mark in Article 3 of the Trademark Law (the third revised edition on October 27, 2001):? A certification mark is a trademark that is controlled by an organization with the ability to supervise certain goods or services and is used by units or individuals other than the organization to certify the origin, raw materials, and quality of the goods or services. Manufacturing methods, quality, or other indications of specific qualities. ?

The definition of collective trademark in Article 2 of the "Registration and Management Measures for Collective Trademarks and Certification Marks" (first revised edition on December 3, 1998): ?A certification mark refers to a trademark made by a certain The goods or services are controlled by an organization with the ability to detect and supervise them, and are used on goods or services by persons other than it to prove the origin, raw materials, manufacturing methods, quality, precision or other specific qualities of the goods or services. product trademark or service mark. ?

2. Characteristics of certification marks

(1) Geographical indications and names of origin can also be registered as certification marks under certain circumstances. Therefore, certification marks have origin certification marks. and quality certification trademarks;

(2) Certification trademarks should be registered and controlled by an organization with testing and supervision capabilities, and used by others other than the registrant. The registrant himself cannot use The registered certification mark;

(3) The certification mark does not indicate that the goods or services come from a certain operator, but is used to prove that the goods or services themselves come from a certain place of origin or have a certain quality. mark;

(4) The procedure for permission to use a certification mark is a fair and open procedure. As long as the goods or services provided by the party meet the standards required by the certification mark and the necessary procedures have been fulfilled, the The owner of the certification mark has no right to refuse to use the certification mark;

(5) The certification mark is a trademark used jointly by multiple individuals, and unified management rules must be formulated for its registration, use and management. Make it public and allow all sectors of society to jointly supervise it to protect the specific quality of goods and services and protect the interests of consumers;

(6) Prove that the trademark has its own uniqueness when transferring the trademark Where the geographical indication is registered as a certification mark, its ownership may be transferred to a legal person with corresponding detection and supervision capabilities;

(7) If a geographical indication is registered as a certification mark, the natural person, legal person or other person whose goods meet the conditions for the use of the geographical indication An organization may request the use of the certification mark and the organization controlling the certification mark shall allow it.

3. The significance of protecting certification marks

Certification marks are used to ensure the specific quality of the goods used, which is helpful for enterprises to promote goods to the market and for consumers to choose goods, ensuring The quality of the goods.

Registered certification trademarks can protect my country’s famous and high-quality local products. Our country has a vast territory, rich resources, diverse natural climate, and many specialties with origin significance.

Agricultural and sideline products and handicrafts are important resources and traditional export commodities of our country. If the product name allows them to be abused and lose their original quality characteristics, the characteristics of some products may be completely weakened and our country's valuable wealth will be lost.

Trademarks are registered and managed by organizations with monitoring capabilities and placed under legal protection, so that operators and producers can produce goods and provide services in accordance with specified conditions, and ensure the specific quality of goods and services. Enable registrants and users of certification marks to follow rules and use them in accordance with the law. This is a need for system construction and an indispensable part of the development of market economy construction.

4. The difference between certification trademarks and ordinary trademarks (commodity trademarks and service marks)

(1) Certification trademarks indicate that goods or services have certain specific qualities, while ordinary trademarks indicate that goods or services have certain qualities. Services are provided by an operator.

(2) The registrant of a certification trademark must be an organization established in accordance with the law, with legal personality, and capable of testing and supervising the specific quality of goods and services. Applicants for registration of ordinary trademarks must only be registered in accordance with the law. Registered operator.

(3) When applying for registration of a certification mark, management rules must be submitted in accordance with the "Registration and Management Measures for Collective Trademarks and Certification Marks". For ordinary trademarks, only the "Trademark Law" and the "Trademark Law Implementation Regulations" must be submitted Provides for submission of applications.

(4) The registrant of a certification mark cannot use the certification mark on the goods or services he or she operates. A general trademark must use his or her registered trademark on the goods or services he/she operates.

(5) Certification trademarks that are licensed to others for use must complete procedures in accordance with the "Registration and Management Measures for Collective Trademarks and Certification Marks" and be issued a "Permit of Use". General trademarks that are licensed to others for use must sign a licensing contract. .

(6) Both certification trademarks and ordinary trademarks can be transferred. However, the assignee of a certification mark must be an organization established in accordance with the law, with legal personality and the ability to detect and supervise. The transferees of ordinary trademarks include individual industrial and commercial households and partners registered in accordance with the law.

(7) The Trademark Office shall not approve the registration of identical or similar trademarks within two years of the expiration of a certification trademark. For ordinary trademarks, it only takes one year for the Trademark Office to approve the registration of identical or similar trademarks.

5. Rights and obligations of certification trademark registrants and users

Once a certification trademark is registered, if it meets the conditions stipulated in the management rules for the use of certification trademarks, it will be required to fulfill the requirements stipulated by the registrant. After the formalities, the certification mark can be used. If the goods or services provided by the party meet the conditions specified in the certification mark, the registrant shall not refuse its use.

Any modifications made by the registrant to the management rules for the use of certification marks shall be reviewed and approved by the Trademark Office and shall take effect from the date of announcement.

The registrant of a certification mark shall, within one month after completing the formalities for using the certification mark with others, report the user's name, address, used goods or services, etc. to the Trademark Office for record, and the Trademark Office will announcement.

The registrant of a certification mark shall not use the certification mark on the goods or services he provides.

The registrant of a certification mark can transfer the registered certification mark to other organizations with detection and supervision capabilities, but it must be reviewed by the Trademark Office and take effect from the date of approval and announcement.

If a certification mark registrant violates Articles 10, 11, and 12 of the "Registration and Management Measures for Collective Marks and Certification Marks", the Trademark Office may order it to make corrections within a time limit or cancel its registration. Certification mark.

The registrant of a certification mark must perform control duties. If the goods or services of the user of the certification mark fail to meet the requirements for the management of the use of certification marks, causing damage to consumers, the registrant shall bear the liability for compensation.

If the registrant of a certification mark loses control over the use of his mark, the Trademark Office shall revoke the registered mark.

If it is proved that the exclusive right to use a trademark has been infringed, the registrant may request the industrial and commercial administration authorities to handle the matter in accordance with the relevant provisions of the Trademark Law and the Rules, or directly file a lawsuit with the People's Court. You can participate in the above requests as an interested party.

When the registrant of a certification mark allows others to use his mark, he shall issue a "Certification Trade Standard Certificate" and report the user's name, address, used goods or services, etc. to the Trademark Office for record. be announced.

The "Certificate of Standard Use of Certification Trademarks" shall record various contents in detail in the prescribed written format, be signed and sealed by the registrant, and may charge a certain management fee, but shall not be for profit-making purposes and shall be exclusively used for the management of the certification trademark.

3. Certification of Origin Trademarks and Geographical Indications

1. The Concept of “Geographical Indications”

WTO (World Trade Organization) Intellectual Property Agreement "Trade-related Section 3 of Part II of the Agreement on Intellectual Property Rights (TRIPS for short) stipulates the obligations of members to protect geographical indications. The TRIPS Agreement defines "geographical indications": Geographical indications refer to signs that prove that a product originates from a certain member country or a certain region or a certain location within the region. Is some particular quality, reputation or other characteristic of the product essentially attributable to that geographical origin?

A geographical indication is an indication of the origin of a particular product. It can be the name of a country, the name of an administrative division and the name of a region or region that will not cause misunderstanding.

There are three basic characteristics of geographical indications: 1. It indicates the true source of the goods or services (i.e. the geographical location of the origin); 2. The goods or services have unique quality, reputation or other characteristics; 3. .The quality or characteristic is essentially attributable to its particular geographical origin.

From the above definition, it is not difficult to see that the geographical indications that the TRIPS Agreement requires member states to protect are actually more special geographical indications, which are closer to the names of origins.

2. The concept of "appellation of origin"

Provisions on appellations of origin according to the Paris Convention for the Protection of Industrial Property and the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration , and defines the name of origin as follows: The name of origin refers to the geographical name of a country, region or specific place, which is used to indicate products produced in that place. The specific quality or characteristics of these products are entirely or mainly due to the geographical name. Caused by the environment, including natural and man-made factors. ?

A designation of origin is a special geographical indication, which focuses more on emphasizing the uniqueness of the origin. This uniqueness often determines the specific quality of the origin product.

The name of origin has the following basic characteristics: 1. It is a geographical name; 2. It expresses the geographical origin of the goods or services; 3. It indicates the specific quality and characteristics of the goods. Such as: Korla pear, Jingdezhen porcelain, etc.

In fact, the geographical indications defined in the TRIPS Agreement are defined by reference to the appellations of origin under the Paris Convention.

Therefore, geographical indications and names of origin belong to the same concept. If you want to compare the definitions of names of origin and geographical indications, you can see the following situation. The definition of geographical indications is better than that of place of origin. The definition of the name should be broad. In other words, all appellations of origin are geographical indications, but some geographical indications are not appellations of origin.

The "Regulations on the Protection of Products from Regions of Origin" (July 30, 1999) formulated by the General Administration of Quality Supervision, Inspection and Quarantine of the People's Republic of China has a series of protective regulations for geographical indications and names of origin. According to this regulation, the former General Administration of Quality Supervision, Inspection and Quarantine of the People’s Republic of China is the competent authority for the protection of products in regions of origin, responsible for organizing the review of applications for product protection in regions of origin, confirming the scope of protection areas, and registering product varieties, etc.

3. Origin certification mark

It is a type that incorporates geographical indications and names of origin into the certification mark system and is protected under the Trademark Law, that is, : One of the two categories of origin certification trademarks and quality certification trademarks. Registration of origin certification trademarks is an effective way to protect the name of origin. It can be the name of an administrative division at or above the county level. It does not violate the prohibition provisions of the Trademark Law. In theory It is believed that the name has a "secondary meaning" due to its use, that is, people associate not only a place but the specific commodities produced in that place, such as Fuling (mustard), Pixian (douban) wait. Certification trademarks of origin emphasize the specific (geographical and cultural) environment of the region and the essential impact of this environment on the quality characteristics of the goods. Therefore, the "Certification Trademark Registration Management Rules" provided when applying must be explained in detail, and they must also be emphasized during the review. place of investigation.

According to the provisions of the "Trademark Law", the "Regulations for the Implementation of the Trademark Law" and the "Registration and Management Measures for Collective Marks and Certification Marks", from the definition of certification marks, the name of origin is a certification mark in my country category. Registration and protection of origin certification trademarks can effectively improve the visibility and competitiveness of products in domestic and international markets.

Only after registering a certification mark domestically can the name of origin be registered internationally in accordance with the international treaties that our country has joined (the Madrid Agreement on the International Registration of Marks and the Protocol Relevant to the Madrid Agreement), and can make full use of the relevant priority provisions. , obtaining international registration as early as possible will help trademark registrants use legal weapons to protect their rights and interests in domestic and international trade. According to international practice, when the name of origin conflicts with trademark rights, the "first to file" principle must be implemented. Therefore, our country now uses a relatively mature trademark registration and management system to protect origin certification trademarks, which can not only give full play to the current With system and personnel advantages, it can save the material and human resources of setting up a separate dedicated department, and can make full use of the complete registered trademark archive system to avoid conflicts between certificate of origin trademarks and previously registered trademark rights.

4. Geographical indications

Geographical indications must be designated as certification marks or collective marks to apply for registration in accordance with the "Collective Marks and Certification Marks Registration and Management Measures" (April 17, 2004 Registration and management shall be carried out in accordance with the relevant provisions of the latest version of the State Administration for Industry and Commerce of Japan.

IV. Special signs

Special signs refer to those used by national and international cultural, sports, scientific and cultural research and social welfare activities approved by the State Council. Names and abbreviations composed of text and pictures, emblems, mascots and other signs. Registration and management shall be carried out in accordance with the relevant provisions of the "Regulations on the Management of Special Signs" (issued by the State Council on July 13, 1996).

The forms of special mark registration application, use and protection, and the components of special marks are very similar to registered trademarks. From a certain perspective, special marks are special types. trademark. The Trademark Office of the State Administration for Industry and Commerce is also responsible for the management of national special signs. The main differences between special signs and trademarks are as follows:

(1) The rights holders are different

The right holders of special signs refer to national and international trademarks approved by the State Council. Organizers or preparers of cultural, sports, scientific research and other social welfare activities.

The owner of a registered trademark is the producer or operator of the goods.

(2) The purpose of use is different

The purpose of using a special sign is to use the funds raised for the social welfare undertakings served by the special sign, taking it from the people and using it. To the people.

The purpose of using a registered trademark is for producers or operators of goods to sell their own goods, to make a profit, and to differentiate them from the goods of other producers or operators of goods and attract consumers.

(3) The scope of use and protection is different

Special signs can be used on all goods or services related to their public welfare activities.

Registered trademarks are limited to use on approved product items and are protected within this scope.

(4) Different timeliness

The validity period of the special mark is 4 years. If the time limit needs to be extended, it shall be decided by the Trademark Office of the State Council Administration for Industry and Commerce based on the actual situation and needs.

The validity period of a registered trademark is 10 years. Registration can be renewed after expiration. Each renewal registration is valid for 10 years and can be renewed indefinitely.

(5) Applicable laws are different

China's "Special Signs Management Regulations" (announced by the State Council on July 13, 1996) are the basic administrative regulations for the management of special signs.

my country’s Trademark Law (the second revised edition on October 27, 2001) is the basic law governing trademarks.

If the owner of the special sign authorizes and signs a written license contract, the user of the special sign may use the licensed special sign and the user's registered trademark on the same goods or services.

Trademark registration conditionsTrademark registration