How is the principle of exhaustion of rights stipulated in trademark law?

Companies or brands will register their own trademarks to exert their charm through trademarks and strive for more benefits for themselves. However, it is not easy to obtain trademark rights, and you must follow the regulations. Today, the editor of Legal Savior Network will give you a detailed explanation of how the principle of exhaustion of rights is stipulated in trademark law.

• The principle of exhaustion of rights in trademark law How is it stipulated?

  According to Article 59 of the "Trademark Law of the People's Republic of China", the principle of exhaustion of rights means that the trademark registrant Or if the goods sold by the licensee using the registered trademark are resold by others, there is no need to obtain the permission of the trademark registrant, and it will not be regarded as an infringement of the exclusive right to use the trademark. There are two main reasons for this: First, after the goods that legally use the registered trademark are sold, the buyer obtains the ownership of the product. According to the principles of property law, the buyer has the right to use and dispose of the product, and has the right to sell the product again. If the resale and use of relevant goods must obtain the permission of the trademark registrant, it will definitely hinder the normal economic order and free trade; secondly, the sale of goods that use the registered trademark by the trademark registrant himself or with the permission of the trademark registrant After the goods are released, the right holder has profited from it and the right holder's rights have been realized. The right holder should not make repeated profits from the same commodity.

In understanding rights When using the principle of exhaustion, you should pay attention to the following two points:

1. Exhaustion of rights is relative to every product put on the market. The so-called "exhaustion of rights" means that the trademark registrant no longer has control over the disposal of each product sold with its consent, regardless of how the purchaser subsequently uses or sells the product. No one has the right to interfere, but it does not mean that the exclusive right to use the trademark has ended. The exclusive right to use a trademark is valid throughout the validity period of the registered trademark.

2. The prerequisite for "exhaustion of rights" is that the use of the trademark has the permission of the trademark registrant. If the goods using a registered trademark are put on the market by others without the permission of the trademark registrant, there will be no exhaustion of rights. If the licensee uses the goods beyond the scope of the license contract, the goods beyond the scopeThe principle of exhaustion of rights does not apply.

3. The principle of exhaustion of rights does not apply to "reverse counterfeiting" behavior. In other words, the principle of exhaustion of rights cannot be used to deny reverse passing off as an infringement. When the first reverse counterfeiting case occurred in my country, some experts argued that reverse counterfeiting did not constitute infringement based on the principle of exhaustion of rights, but later legislators ultimately chose the opposite view.

The above is the relevant knowledge about the above issues compiled by Hualu editor for you. This website provides you with professional lawyer consultation. If you have any questions, Welcome to the Legal Savior Network for consultation.