What are the conditions for obtaining trademark rights
(1) The design of the trademark logo must be composed of text, graphics, One or more combinations of letters, numbers, three-dimensional logos and colors.
(2) The words and graphics used in the trademark should Have distinctive features for easy identification.
(3) Inconsistent with others’ registered trademarks Identical or not similar.
(4) Not prohibited by the Trademark Law scope of sexual regulations.
(5) Application for registration should be made to the Trademark Office in accordance with the law , without registration, its user shall not obtain trademark rights.
Content of trademark rights
In our country, only registered trademarks enjoy trademark rights. Trademark rights The contents usually include: trademark exclusive rights, trademark prohibition rights, trademark transfer rights, trademark licensing rights, and trademark renewal rights.
1. Exclusive right of trademark
The right to use a trademark means that the trademark owner exclusively uses it on the goods approved for use. Have the right to use an approved registered trademark and obtain legitimate benefits (Article 51 of the Trademark Law).
2. Right to prohibit trademarks
Trademark prohibition right refers to the right of trademark registrant to prohibit others from using it without authorization The right to a trademark that is confused with its registered trademark (Trademark Law, Article 52, paragraph 1).
3. Right to transfer trademark
Trademark transfer right refers to the right of trademark registrant to enjoy according to legal provisions. The right to transfer its registered trademark to others (Article 39 of the Trademark Law).
4. Trademark licensing rights
Trademark licensing right refers to the right of the trademark owner to license others to use its registered trademark in accordance with legal provisions (Article 40 of the Trademark Law).
5. Trademark renewal right
Trademark renewal right means that when the protection period of the trademark right expires, Trademark owners have the right to extend the validity period of their registered trademarks in accordance with legal procedures (Article 40 of the Trademark Law).
Provisions on inheritance of trademark rights
Trademark rights applied for registration by individual businesses , is a property right.
The trademark registrant dies during the validity period of the trademark , its heirs should promptly report to the Trademark Office, change the trademark registration, change the name of the registrant, and become a new registrant, that is, they have inherited the trademark rights. It also has the right to transfer the exclusive right to use a trademark, and to license others to use it through a trademark licensing contract and collect royalties.
When the exclusive right to use a registered trademark is infringed, the same You can request the infringer to stop the infringement and compensate for the losses. The heir shall inherit the exclusive right to use the trademark within the validity period of the trademark. If the registration expires,, the heirs can apply for renewal to continue to enjoy the exclusive rights. If the heir fails to apply for renewal, the exclusive right to use the registered trademark will be lost.
The exclusive right of registered trademarks enjoyed by enterprises and institutions , because it cannot be regarded as the personal property of a certain person, it cannot be inherited as a personal inheritance, but can only be transferred.
The above are some thoughts compiled by the editor for you Conditions that must be met to obtain trademark rights. To sum up, obtaining trademark rights makes it easier for consumers to recognize brands and shop, and trademark rights also have certain value. If you have other legal knowledge that you need to know, the Legal Savior Network also provides online legal knowledge consultation. Everyone is welcome to consult on legal knowledge.