How to obtain trademark rights with intangible assets? Intangible assets include trademark rights, patent rights, non-patented technology, land use rights, copyrights, franchises, etc.
How to obtain the exclusive right of a trademark
The exclusive right of a trademark means that the trademark owner registers it according to law Exclusive rights enjoyed by trademarks. Article 3 of the Trademark Law stipulates that a trademark approved and registered 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.
The content of trademark exclusive rights refers to the rights enjoyed by trademark registrants in accordance with the law, including the exclusive use rights, prohibition rights, transfer rights, and licensed use rights of registered trademarks and renewal rights, etc. The most important of these are the rights of exclusive use and the right of prohibition. 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. The right to prohibit trademarks refers to the right of a trademark registrant to prohibit other units and individuals from using trademarks that are identical or similar to the registered trademark on goods or services that are the same or similar to the approved goods or services without permission.
"Trademark Law" and its Implementing Rules "Trademark Law" is the basic law for the protection of exclusive rights to trademarks. It is formulated by the Standing Committee of the National People's Congress, China's highest legislative body. , implemented on March 1, 1983, strives to make trademark registration applications, review, registration and protection consistent with international standards. In order to further strengthen the crackdown on trademark infringement and counterfeiting, the Chinese legislature amended the law in 1993 to extend the exclusive right to use trademarks and included the protection of service marks within the scope of the law. Complementing the Trademark Law is the Implementing Rules for the Trademark Law promulgated by the State Council.
The specific content of the exclusive right to trademark
(1) Exclusive right to use. The trademark owner enjoys the exclusive right to use its registered trademark. No third party shall have the right to use the same or similar mark with the trademark registered by the trademark owner on similar products or services.
(2)Revenue rights---licensing rights. The trademark owner has the right to obtain consideration or remuneration from the licensee by licensing the trademark to others, which is the doctrinal licensing right.
(3) Right of disposal
1. Right of transfer. The trademark owner can transfer the trademark rights to a third party, and the transfer can be paid or free of charge.
2. Investment. The trademark owner can use the trademark to invest in the establishment of a company or other corporate legal person, a partnership, a sole proprietorship, etc.
3. Pledge. The trademark owner can pledge the trademark and set up a pledge of rights to guarantee his or a third party's debts.
4. Abandon trademark rights.
aExplicit abandonment
The trademark owner may expressly abandon the trademark right to the Trademark Office , and the registration will be canceled by the Trademark Office.
bImplied abandonment
The owner of the registered trademark has not used the registered trademark for three consecutive years The trademark protection period has expired and the trademark owner has not applied for renewal beyond the grace period.
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