How to prove that its shareholder promoter is the trademark holder

Hello, you can provide a trademark registration certificate to prove it, I hope it can help you.

Shenzhen Lu Hao you:

The trademark holder is the registrant on the trademark certificate.

Whether the trademark owner is the owner of the trademark or not, I will briefly analyze the four main rights of the trademark owner.

1. The exclusive right to use is the most important content of the trademark right and the most basic core right of the trademark right. Its legal feature is that the trademark owner can exclusively use the approved trademark on the approved goods, and obtain other legitimate rights and interests through use.

2. The right of prohibition means that the owner of a registered trademark has the right to prohibit others from using a trademark that is identical or similar to its registered trademark on the same or similar goods or services without its permission.

3. Licensing right refers to the right of the owner of a registered trademark to license others to use its registered trademark by signing a license contract. The licensor is the owner of the registered trademark, and the licensee has the right to use the registered trademark within the scope and time agreed in the contract after paying the trademark royalties in accordance with the contract.

4. Transfer refers to the act of transferring the trademark right of the registered trademark owner to others in accordance with certain conditions. The transfer of trademark right is a way for the trademark owner to exercise his rights, after the transfer of trademark rights, the transferee obtains the ownership of the registered trademark, and the original trademark owner loses the exclusive right to use the trademark, that is, the trademark right is transferred from one subject to another. It can be seen from the rights of the trademark owner that the trademark owner is the owner of the trademark, enjoys all the rights of the trademark, and is the owner of the trademark.

1. What are the main manifestations of trademark infringement?

1. Without the consent of the trademark owner, use the same or similar trademark as the trademark protected by law;

2. Forgery, unauthorized manufacture of registered trademarks or sale of forged trademarks, unauthorized manufacture of trademarks protected by law;

3. Selling goods that infringe trademark rights;

4. Without the consent of the trademark registrant, the act of replacing the registered trademark and putting the goods with the replaced trademark on the market.

Trademark infringement refers to the use of a trademark identical or similar trademark on the same or similar goods without the permission of the trademark owner, or other acts that interfere with or hinder the use of the registered trademark by the trademark owner and damage the legitimate rights and interests of the trademark owner.

Legal analysis: Shareholders only enjoy shareholder rights, and trademarks are the property of the company. Of course, the shareholders must obtain the authorization of the trademark owner if they want to use it.

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 trademark registrant, the use of a trademark similar to the registered trademark on the same goods, or the use of a trademark identical or similar to the 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 providing conditions for infringing on the exclusive right to use a trademark for others, and helping others to infringe on the exclusive right to use a trademark;

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

Legal basis: Article 42 of the Trademark Law of the People's Republic of China Where a registered trademark is transferred, the assignor and the assignee shall sign an assignment agreement and jointly apply to the Trademark Office. The assignee shall guarantee the quality of the goods using the registered trademark.

If a registered trademark is transferred, the trademark registrant shall transfer the similar trademark registered on the same goods, or the same or similar trademark registered on similar goods. The Trademark Office shall not approve the assignment that is likely to cause confusion or have other adverse effects, and shall notify the applicant in writing and explain the reasons. After the transfer of the registered trademark is approved, it shall be announced.

The assignee shall have the exclusive right to use the trademark from the date of publication.

The trademark owner is generally deemed to be the holder, except in special circumstances. According to the relevant laws and regulations, if a party needs to obtain the exclusive right to use all the goods or services in the production and business activities, it may apply for trademark registration in accordance with the law. In addition, the registered trademark right can be transferred to the Department of Statutory Affairs in accordance with the law.

Article 1 of the Trademark Law.

This Law is hereby enacted in order to strengthen the management of trademarks, protect the exclusive right to use trademarks, urge producers and operators to ensure the quality of goods and services, safeguard the reputation of trademarks, protect the interests of consumers and producers and operators, and promote the development of the socialist market economy.

Article 3 of the Trademark Law.

The trademarks approved by the Trademark Office for registration are registered trademarks, including commodity trademarks, service trademarks, collective trademarks, and certification trademarks;

The trademark registrant enjoys the exclusive right to use the trademark and is protected by law.

1. The concept of trademark owner:

The right to prohibit a trademark refers to the right of a trademark registrant to prohibit other entities and individuals from using a trademark identical or similar to a registered trademark on goods or services identical or similar to those approved by the trademark registrant without permission. Of course, the premise is that the trademark has been approved and registered by the Trademark Office of the State Administration for Industry and Commerce, and the trademark registration certificate has been obtained.

1. The concept of the exclusive right to use a trademark. The exclusive right to use a trademark refers to the exclusive right enjoyed by a trademark owner to its registered trademark in accordance with the law. Article 3 of the Trademark Law stipulates that a trademark approved for registration by the Trademark Office is a registered trademark, and the trademark registrant enjoys the exclusive right to use the trademark and is protected by law.

2. The content of the exclusive right to use the trademark. The content of the exclusive right to use a trademark refers to the rights enjoyed by the trademark registrant in accordance with the law, including the exclusive right to use, prohibit, transfer, license and renew the registered trademark. The most important of these are the exclusive right to use and prohibit.

The exclusive right to use a trademark is the right of a trademark registrant to use its registered trademark on goods or services approved by the State Trademark Administration.

3. Acquisition of trademark rights.

1. The acquisition of trademark rights refers to the principles and methods adopted to obtain trademark rights.

2. There are three principles for obtaining trademark rights:

1) Principles of use.

The principle of use, that is, the principle of obtaining trademark rights by use, refers to the fact that the trademark right is naturally hidden due to the use of the trademark, and the trademark right can be established according to the fact of the use of the trademark.

2) Registration Principles.

The principle of registration, that is, the principle of registering and obtaining trademark rights, refers to the fact that the trademark right is established by the fact that the fan rule is registered, and only the registered trademark can obtain the trademark right.

3) Mixed principle.

The mixed principle, i.e., the principle of compromise, refers to the fact that when determining the establishment of a trademark right, both the facts of use and registration are taken into account, and the trademark right can be established as a result of both registration and use.

3. There are two ways to obtain trademark rights:

1) Original acquisition and subsequent acquisition. The original acquisition of a trademark right, also known as the direct acquisition of a trademark right, refers to the creation of a trademark right, which is not based on the existing trademark right of another person, nor is it based on his will.

2) The successive acquisition of trademark rights, also known as the acquisition of trademark rights, refers to the acquisition of trademark rights based on the existing trademark rights of others and the will of others.

It can be filed directly with the court. According to the second paragraph of Article 4 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Civil Trademark Dispute Cases, in the event of infringement of the exclusive right to use a registered trademark, the licensee of the exclusive license contract may file a lawsuit with the people's court; The licensee of the exclusive license contract may file a lawsuit jointly with the trademark registrant, or may file a lawsuit on its own without the trademark registrant suing; The licensee of a general license contract may file a lawsuit with the express authorization of the trademark registrant.

After all, an exclusive license is different from an assignment, and the trademark registrant can still file a lawsuit with the people's court.

According to Article 3 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Civil Trademark Dispute Cases, trademark licenses under Article 40 of the Trademark Law include the following three categories: exclusive licenses, exclusive licenses and general licenses.

1. What is the nature of the exclusive right to use a trademark?

Since the exclusive licensee can exclusively use a specific trademark within a specific territory and period, and unspecified third parties, including the trademark owner, have no right to use it, most people believe that the exclusive license right is an absolute right, and in many judgments, there is also the expression that "the defendant infringes the exclusive license right enjoyed by the plaintiff", but this understanding has neither legal basis nor theoretical support.

First of all, since absolute rights have the effect against unspecified third parties, based on the consideration of maintaining market transactions and avoiding excessive interference with the freedom of behavior of unspecified third parties, many countries have implemented the principle of legal rights for absolute rights, that is, the nature, type, content, and effect of absolute rights are clearly stipulated by law, and the actor cannot set absolute rights or change the content of absolute rights on the basis of autonomy of will. Our national legislation is no exception. For example, Article 207 of the Civil Code provides:

The type and content of property rights shall be prescribed by law. "Although China's trademark law does not clearly stipulate that the type and content of trademark rights shall be prescribed by law, as an absolute right, it should also follow the legal principle of rights. However, although the Trademark Law and relevant judicial interpretations provide for trademark licensing, there is no clear definition of the nature and content of the exclusive license.