Can the heir of the trademark right inherit it?

For a company, generally it has its own trademark, but many people are not very clear about trademark rights. So what is the exclusivity of trademark rights? What is the timeliness of trademark rights? The heirs of trademark rights Can it be inherited? The editor of Hualu has summarized the relevant knowledge for your reference. I hope it can help you.

The exclusivity of trademark rights

Also known as exclusivity or monopoly, it refers to the trademark registrant’s registration The trademark enjoys the exclusive right to use. The basic purpose of granting the owner of a registered trademark the exclusive right to use is to establish a fixed connection between a specific trademark and specific goods through registration, thereby ensuring that consumers can avoid confusion and receive accurate information about the source of the goods. In other words, any unauthorized use in commerce will constitute an infringement of trademark exclusive rights. This exclusive right manifests itself in three aspects:

(1) The trademark registrant has the right to use its registered trademark in accordance with the relevant provisions of the Trademark Law. No other person may interfere with the approved goods, product packaging or services or service facilities;

(2) The trademark registrant has the right to prohibit any other person from using the goods or services without It licenses the use of a trademark that is identical or similar to its registered trademark on the same or similar goods without authorization;

(3) The trademark registrant has the right to permit others to use his or her registered trademark You can also transfer your registered trademark to others. This kind of permission or transfer must comply with legal provisions and perform certain legal procedures.

The validity of trademark rights

refers to the validity period of the exclusive right to use a trademark. Within the validity period, the exclusive right to use a trademark is protected by law. If renewal procedures are not carried out beyond the validity period, it will no longer be protected by law. The trademark laws of various countries generally stipulate the protection period of the exclusive right to trademark. Some countries stipulate a longer period, and some countries stipulate a shorter period, ranging from twenty years at most to seven years, and most of them are ten years. The validity period of the exclusive right to use a trademark stipulated in my country's Trademark Law is ten years. Article 38 of the Trademark Law stipulates: “If a registered trademark has expired and needs to be continued to be used, it shall apply for renewal of registration within six months before the expiration. If the application is not made during this period, six months may be granted. An extension period of three months. If an application has not been made at the expiration of the extension period, the registered trademark will be cancelled. The validity period of each renewal registration is ten years. After the renewal registration is approved, it will be announced."

The trademark right applied for registration by an individual industrial and commercial person is a property right.

If the trademark registrant dies during the validity period of the trademark, his heirs shall Report to the Trademark Office in a timely manner, change the trademark registration, change the name of the registrant, and become a new registrant, which means inheriting the trademark rights. You also have the right to transfer the exclusive right to the trademark, license others to use it through a trademark license contract, and collect royalties. During registration When the exclusive right to use a trademark is infringed, you can also request the infringer to stop the infringement and compensate for losses. The heir inherits the exclusive right to the trademark during the validity period of the trademark. If the registration expires, the heir can apply for renewal and continue to enjoy the exclusive right. If the heir does not apply for renewal If it develops, the exclusive right to register a trademark will be lost.

Hua Lu editor reminds you that the exclusive right to registered trademarks enjoyed by enterprises and institutions cannot be used as an individual personal property, so it cannot be inherited as personal inheritance, but can only be transferred. The above is the relevant information summarized for you. I hope it can help you. This website is committed to building an excellent legal consultation platform. If you have any questions, welcome Enter lawyer consultation.