What rights do you have after trademark registration
After trademark registration, your company enjoys trademark rights protected by national laws. Trademark rights refer to the various legal rights enjoyed by trademark registrants over their Registered trademarks within the statutory period. In terms of content, they include exclusive rights, prohibition rights, licensing rights, transfer rights, renewal rights and labeling rights, among which The right to exclusive use is the most important right from which other rights are derived.
1. Exclusive rights
Exclusive right refers to the trademark owner’s legal enjoyment of its registered trademark on designated goods. or
the right to exclusive use on the Services. The exclusive right of a registered trademark is limited to the approved registered trademark and the approved products for use.
2. Permission
License right refers to the right of a trademark owner to allow others to use its registered trademark by signing a trademark license contract. The licensor should supervise the quality of the goods used by the licensee using its registered trademark, and the licensee must use the registered trademark Mark the name of the licensee and the origin of the goods on the goods.
The trademark use license contract shall be reported to the Trademark Office for filing. If the trademark use license contract is not filed, it will not affect the validity of the license contract, unless otherwise agreed by the parties. If the trademark use license contract is not filed with the Trademark Office, it shall not be contested. A bona fide third party. The main types of trademark use licenses include exclusive use licenses, exclusive use licenses, general use licenses, etc.
3. Right of transfer
Trademark transfer right refers to the right that the trademark owner enjoys in accordance with the law to transfer his registered trademark to others in accordance with legal procedures and conditions. When a registered trademark is transferred, the transferor and the transferee The transferor should sign a transfer agreement and jointly file an application with the Trademark Office.
Trademark registrants shall transfer identical or similar trademarks registered on the same or similar goods together; if they are not transferred together, the Trademark Office shall notify them to make corrections within a time limit; if they do not make corrections within the time limit, they shall be deemed to have In order to abandon the application for transfer of the registered trademark, the Trademark Office shall notify the applicant in writing.
After the transfer of a registered trademark is approved,With an announcement, the assignee shall enjoy the exclusive right to use the trademark from the date of announcement. The transferee shall ensure the quality of the goods using the registered trademark. The transfer of a registered trademark will not affect the validity of the trademark license contract that was in effect before the transfer, unless otherwise agreed in the trademark license contract.
4. Renewal Right
The right to renew means that the trademark owner can legally Have the right to apply for renewal of registration to extend the protection period of their registered trademark. The validity period of a registered trademark is 10 years, calculated from the date of approval of registration. If a registered trademark expires and needs to be continued to be used, it should apply for renewal of registration within 6 months before expiration; if the application is not submitted during this period, a 6-month extension period can be given. Each renewal of registration is valid for 10 years, starting from the day after the expiration of the previous term of validity of the trademark. If an application has not been made before the extension period expires, the registered trademark will be cancelled.
5. Right of labeling
When a trademark registrant uses a registered trademark, he has the right to indicate the words "registered trademark" or the registered mark . If it is inconvenient to mark it on the product, it can be marked on the product packaging or instructions or other attachments.
6. Right of prohibition
The right of trademark prohibition is the right of the trademark owner to prohibit others from using it without his permission. The right to use registered trademarks and trademarks similar to them.
The above is the relevant knowledge compiled by the editor of Hualu. If you have more questions, you can consult a professional lawyer on the Legal Savior Network, or directly Entrust a Legal Savior Network lawyer to help you get out of your legal troubles.
