Trademark authorization, also known as trademark license, means that the trademark registrant authorizes others to use its registered trademark by signing a trademark use authorization contract. The authorized person engages in business activities (usually producing and selling a certain product or providing a certain service) as stipulated in the contract, and pays the licensor the corresponding fees - royalties; at the same time, the licensor provides personnel training, organizational design, and business management Guidance and assistance in other aspects.
The "Trademark Law" stipulates that the licensor shall supervise the quality of the goods used by the licensee using its registered trademark. The licensee shall ensure the quality of the goods using the registered trademark. If the registered trademark of another person is used with permission, the name of the licensee and the place of origin of the goods must be marked on the goods using the registered trademark.
Trademark licensing process
If you entrust a trademark agency to handle the filing of a trademark license contract, the applicant can voluntarily choose any nationally recognized trademark agency to handle it.
If the applicant goes directly to the trademark registration hall to apply for trademark registration, the applicant can follow the following steps: Prepare the application documents → Submit the application documents at the acceptance window of the trademark registration hall → Receive the documents at the coding window Barcode → Pay the filing fee at the payment window → Receive the trademark licensing contract filing notice.
1. Application documents that should be submitted
(1) If a registered trademark is licensed to one licensee, an application for filing a trademark license contract should be submitted.
(2) If the applicant is a natural person, he shall submit a copy of a valid document that can prove his identity (such as an ID card, etc.).
(3) A copy of the trademark license contract, or a notarized copy of the trademark license contract.
(4) If the contract is written in a foreign language, the corresponding Chinese translation shall be attached.
(5) If a trademark agency is entrusted to handle the matter, a trademark agency power of attorney should also be submitted.
2. Specific requirements
(1) All documents should be written neatly and clearly, and the filing application should be printed with a typewriter.
(2) Both parties to the license contract must stamp their respective seals on the contract. If there is no seal, the contract must be signed by the legal representative.
(3) The filling in the application form should meet the following requirements:
1. The name of the licensor, registration certificate number, product or service name on the application form should be consistent with the "Trademark Registration Certificate" 》The registrant’s name, registration number, product
or service name are exactly the same.
2. The permitted products shall not exceed the scope of products approved in the "Trademark Registration Certificate".
3. The period of licensed use shall not exceed the validity period on the "Trademark Registration Certificate".
3. The trademark license contract must have the following terms:
(1) The licensed trademark name and its registration certificate number.
(2) Scope of goods and services permitted for use.
(3) License period.
(4) Method of providing the registered trademark logo used by the licensee.
(5) Terms for the licensor to supervise the quality of the goods used by the licensee using its registered trademark.
(6) The licensee shall indicate the name of the licensee and the origin of the goods on the goods using the licensed trademark.