1. Is trademark registration an intangible asset?
1. Trademark rights belong to Intangible assets. A trademark registrant enjoys the exclusive right to use its registered 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.
2. Legal basis: According to Article 61 of the "Trademark Law of the People's Republic of China", the industrial and commercial administration department shall handle any infringement of the exclusive rights of registered trademarks. They have the right to investigate and deal with them in accordance with the law; if they are suspected of committing a crime, they should be promptly transferred to the judicial authorities for handling in accordance with the law.
2. What does trademark right include
1. Right to use. The owner of the trademark right has the right to use the trademark. The exclusive nature of the trademark is reflected in the fact that the trademark is a symbol. The trademark is mainly used directly on goods, product packaging, and product containers, or indirectly. Commodity transaction documents, product advertising, exhibitions and other business activities.
2. Permission. The owner of a registered trademark has the right to license others to use its registered trademark. In a trademark licensing relationship, the licensor should provide legally licensed registered trademarks and supervise the quality of the goods used by the licensee using its registered trademarks. The licensee shall use the licensed trademark within the scope stipulated in the contract, ensure the quality of the goods licensed to use the trademark, and indicate its own name and the origin of the goods on the goods or packaging produced.
3. Right of prohibition. The specificity of a trademark is reflected in its exclusivity. The trademark owner has the right to prohibit any third party from using its registered trademark on the same or similar goods without its permission.rights to identical or similar trademarks. The scope of the right of prohibition is greater than the scope of the right to use. It not only includes approved registered trademarks and approved goods, but also extends to trademarks similar to registered trademarks and goods similar to approved goods.
4. Right of transfer. The owner of a registered trademark is free to choose how to dispose of the trademark rights, and the owner of a registered trademark has the right to transfer the registered trademark to another person. To transfer a registered trademark, in addition to a contract signed by both parties, the transferor and the transferee shall jointly submit an application to the Trademark Office, which shall be approved by the Trademark Office and announced. Without approval and registration, the transfer contract will have no legal effect.
Intellectual property rights are the property rights enjoyed by people’s intellectual achievements. Since trademarks are the results of the intellectual labor of enterprises or individuals, trademark rights belong to intellectual property rights. . Intellectual property is a kind of intangible property with professional, time and geographical characteristics. Most intellectual property rights need to be obtained through legal channels. I hope the above content will be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior Network to consult a professional lawyer.
No comments yet. Say something...