What are the rights of the trademark owner and what are the rights of the trademark owner?

Updated on society 2024-02-16
9 answers
  1. Anonymous users2024-02-06

    Hello, the rights of the trademark registrant.

    The rights of trademark registrants mainly refer to the exclusive right to use a registered trademark. China's "Trademark Law" stipulates that a trademark approved and registered by the Trademark Office is a registered trademark, and the trademark registrant has the exclusive right to use the registered trademark, which is protected by law, and the exclusive right to use the trademark shall include:

    2. Licensing right: The trademark registrant has the right to license others to use its registered trademark in accordance with the law by signing a trademark license contract.

    3. Exclusive right: The trademark registrant has the exclusive and exclusive right to its registered trademark, and no other person shall use a trademark that is identical and similar to the registered trademark on the same or similar goods or services without authorization.

    4. Right to prohibit: The registrant has the right to stop the unauthorized use of the same or similar trademark by others on the same or similar goods or services.

    5. Investment right: The trademark registrant has the right to invest its registered trademark as an intangible asset in accordance with the law and in accordance with the legal procedures.

    6. Right of transfer: The trademark registrant has the right to transfer his registered trademark to others for or without compensation through legal procedures.

    7. Inheritance right: As intangible property, a trademark can be inherited by its heirs in accordance with the order of property inheritance.

  2. Anonymous users2024-02-05

    1. The exclusive right to use a trademark is the exclusive right to use the designated goods or services in accordance with the law after the successful registration of the trademark, and its scope includes the approved goods of the approved trademark, but does not include the goods whose trademark category is not registered.

    2. Licensing Right When the applicant has the exclusive right to use the trademark, it can make reasonable use of the trademark, and the licensing right refers to the right of the trademark applicant to license others to use its registered trademark by signing a trademark license contract.

    3. The right of assignment The right of trademark transfer refers to the form in which the trademark applicant sells or transfers the trademark through legal channels after the trademark applicant does not want to continue to use the trademark, and the registrant has the right to transfer, but in the process of transfer, it is necessary to sign a legally effective transfer contract with the transferee, and the trademark transfer procedures need to be carried out at the local trademark office, and the transfer can only be officially completed after the review of the trademark office.

  3. Anonymous users2024-02-04

    a.Exclusive Right to Use. Once a trademark is approved and registered by the State Trademark Administration, the trademark owner enjoys the exclusive right to use the registered trademark within a certain scope.

    The so-called exclusive right of use means that others may not use the registered trademark or a trademark similar to the registered trademark on the same or similar goods without the permission of the registered trademark owner. Otherwise, it constitutes trademark infringement, and the trademark owner may request the administrative authority for industry and commerce to deal with it in accordance with the law or file a lawsuit with the court.

    b.License to Use. Trademark owners can license their registered trademarks to others and receive remuneration for doing so.

    According to the license contract signed between the licensor (trademark owner) and the licensee (trademark user), the trademark owner may retain its own right to use the trademark, or may waive the right to use the trademark exclusively by the licensee or multiple people at the same time. Regardless of whether the trademark owner retains or waives the right to use, the owner of the trademark is still the original trademark registrant. Under the condition of trademark licensing, only the right to use the trademark is transferred, and the ownership does not change.

    c.Right to Assign Trademarks. The transfer of a registered trademark is a legal act of the trademark owner of Qi Hengbi to transfer the ownership of the trademark to another person in accordance with the procedures stipulated in the Trademark Law.

    After the transfer of the trademark right, the original trademark registrant, i.e., the trademark owner, loses all rights to the registered trademark, and the ownership of the trademark is transferred to the new trademark owner, and the registered trademark itself does not change, but the owner of the registered trademark changes.

    d.Right to Renew. The right to renew a trademark refers to the right of the trademark owner to apply to the Trademark Office for an extension of the term of trademark protection.

    According to China's trademark law, the validity period of a registered trademark right is 10 years. If the trademark owner wishes to continue to use the registered trademark and continue to maintain the trademark right, he or she may apply for renewal before the expiration of the trademark right. The right to renew a trademark is a very important right enjoyed by trademark owners.

    Through the right of renewal, the life of a trademark can be extended indefinitely, in other words, the term of protection of a trademark right can far exceed the term of protection of patent rights and copyrights by exercising the right of renewal. The key is that the owner of a registered trademark should raise its awareness of trademark protection, cherish the hard-won trademark rights, and make full use of the rights granted to them by the Trademark Law, so that the intangible asset of the trademark can play a role.

    According to the relevant laws of China, the rights of trademark owners mainly include the exclusive right of use, the right of licensing, the right of trademark transfer and the right of renewal. Each right is closely related to the interests of the trademark owner.

  4. Anonymous users2024-02-03

    First, the right to use. The trademark owner has the right to use the trademark on the goods and services approved for use with its registered trademark, or in related commercial activities;

    Second, exclusivity. No one is allowed to use a trademark that is identical or similar to a registered trademark on the same or similar goods without the permission of the trademark owner;

    Third, the right to use the license. In accordance with the law, a trademark registrant has the right to allow others to use its registered trademark by signing a license contract;

    Fourth, the right to prohibit. If another person infringes on its trademark rights, the trademark owner has the right to stop it and request judicial relief;

    Fifth, the right to transfer. The trademark owner may transfer its registered trademark to others for or without compensation in accordance with legal procedures.

    Sixth, the right of inheritance. A registered trademark is intangible property and can therefore be inherited by its legal heirs.

    Article 43 of the Trademark Law of the People's Republic of China.

    A trademark registrant may license others to use its registered trademark by signing a trademark license contract. The licensor shall supervise the quality of the goods in which the licensee uses its registered trademark. The licensee shall guarantee the quality of the goods using the registered trademark.

    If you are permitted to use the trademark of another person, the name of the licensee and the place of origin of the goods must be indicated on the goods using the registered trademark. If the licensor licenses others to use its registered trademark, the licensor shall report the trademark license to the Trademark Office for the record, and the Trademark Confession Bureau shall make an announcement. The trademark license shall not be used against a bona fide third party without filing.

  5. Anonymous users2024-02-02

    The trademark applied for registration needs to meet the following conditions: 1. The trademark applied for registration by Xunchang must have constituent elements; 2. It must be distinctive; 3. Do not use the signs prohibited by law; 4. If it belongs to the same or similar goods or services, the trademark shall not be identical or similar to the trademark that has been registered or preliminarily approved by others; 5. The trademark shall not be identical or similar to the registered trademark that has been revoked or cancelled for less than one year. Mu Qi Chop".

  6. Anonymous users2024-02-01

    According to Article 3 of the Trademark Law of the People's Republic of China, trademark registrants enjoy the exclusive right to use trademarks and are protected by law. The exclusive right to use a trademark includes:

    1. Right of use. The trademark registrant has the right to use the trademark on the goods and services approved for use of the registered trademark, and to use the trademark in related commercial activities.

    2. Exclusivity. The trademark registrant has the exclusive and exclusive right to bend the trademark of its registrar, and no other person shall use the trademark that is identical or similar to the registered trademark on the same or similar goods or services without authorization.

    3. License to use. The trademark registrant has the right to license others to use its registered trademark in accordance with the law by signing a trademark license contract.

    4. Right to Prohibit. The trademark registrant has the right to stop the unauthorized use of a trademark identical or similar to the registered trademark by another person on the same or similar goods or services.

    5. Creation of a mortgage. The trademark registrant has the right to create a mortgage with its registered trademark in the course of its business activities.

    6. Investment rights. Trademark registrants have the right to invest their registered trademarks as intangible assets in accordance with the provisions of the law and in accordance with legal procedures.

    7. Right of Transfer. The trademark registrant has the right to transfer his registered trademark to others for or without compensation through legal procedures.

    8. Right of inheritance. As intangible property, a trademark can be inherited by its legal heirs in accordance with the order of property inheritance.

  7. Anonymous users2024-01-31

    The rights of the trademark owner mainly include the exclusive right to use, prohibit, license, and transfer of the registered trademark.

  8. Anonymous users2024-01-30

    Apply for renewal before the expiration of the trademark right. The right to renew a trademark is a very important right enjoyed by trademark owners.

  9. Anonymous users2024-01-29

    Legal Analysis: 1) The trademark owner has the exclusive right to use its trademark. The use of a trademark includes the direct use of the product by the producer or seller of the product on the product or the packaging of the product, as well as the use of the service provider in the service premises.

    Not only that, but promoting your own Big Bang Banquet logo in advertisements is also a way to use it.

    2) The trademark owner has the right to license or prohibit others from using its trademark.

    3) The trademark owner has the right to dispose of its trademark right. The trademark owner's disposition of his trademark right can be multifaceted, such as assignment, abandonment, etc.

    1) Without the permission of the trademark registrant, the trademark identical to the registered trademark is used on the same goods;

    2) Without the permission of the registrant of the trademark, using a trademark similar to its registered trademark on the same kind of goods, or using a trademark identical or similar to its registered trademark on similar goods, which is likely to cause confusion;

    3) Selling goods that infringe upon the exclusive right to use a registered trademark;

    4) Forging or manufacturing the logo of another person's registered trademark without authorization, or selling the logo of a registered trademark that is forged or manufactured without authorization;

    5) Replacing the registered trademark without the consent of the trademark registrant and putting the goods with the replaced trademark on the market;

    6) Intentionally facilitating the infringement of others' exclusive right to use a trademark, or helping others to infringe upon the exclusive right to use a trademark;

    7) Causing other damage to the exclusive right to use a registered trademark of another person. Noisy wheels.

Related questions
2 answers2024-02-16

1. Pay close attention to the registration of trademarks. >>>More

5 answers2024-02-16

1) Using published works of others for personal study, research or appreciation; >>>More

6 answers2024-02-16

Article 22 of the Copyright Law of the People's Republic of China stipulates that the use of a work under the following circumstances may be carried out without the permission of the copyright owner and without payment of remuneration to him, provided that the name of the author and the title of the work shall be indicated, and shall not infringe other rights enjoyed by the copyright owner in accordance with this Law: >>>More

5 answers2024-02-16

According to the relevant provisions of the Patent Law and the Detailed Rules for the Implementation of the Patent Law, if the applicant files a patent application in China for the same subject matter within 12 months from the date of the first patent application for the invention or utility model in a foreign country, or within six months from the date of the first patent application for a design in a foreign country, the applicant may enjoy the right of priority in accordance with the agreement signed between the foreign country and China or the international treaty to which the foreign country is a party, or in accordance with the principle of mutual recognition of priority. If the applicant files a patent application for the same subject matter with the patent administration department within 12 months from the date of the first patent application for the invention or utility model in China, he or she may enjoy the right of priority. >>>More

5 answers2024-02-16

Enjoy the rights conferred on the people by the Constitution and the law.