What are the contents of trademark rights
The rights of the trademark owner mainly include the exclusive right to use the Registered trademark, Rights of prohibition, rights of transfer, etc.
(1) Exclusive right of use
The exclusive right to use is the most important content of trademark rights. The most basic core rights in trademark rights. Its legal feature is that the trademark owner can exclusively use the approved trademark on the approved goods and obtain other legitimate rights and interests through use.
The exclusive right to use is relative and can only Use within the scope provided by law. Article 51 of the "Trademark Law" stipulates: "The exclusive right to register a trademark is limited to the trademark approved for registration and the goods approved for use." That is, a registered trademark can only be used on the goods or services approved at the time of registration, and are inferior to similar goods or services; the trademark owner is also not allowed to change the sign that constitutes the registered trademark without authorization, nor is it allowed to use a trademark that is similar to the registered trademark. "
(2) Right of prohibition
The right of prohibition means that the registered trademark owner has the right to prohibit others from using the same or similar trademarks as the registered trademark on the same or similar goods or services without its permission. Trademark rights have the same characteristics as property ownership. The same attribute, that is, exclusivity without interference from others, is embodied in the prohibition of others from illegally using, printing registered trademarks and other infringements. It can be seen that the right to exclusive use and the right to prohibit are two aspects of trademark rights.
The difference between the right to use and the right to prohibit is that They have different scopes of effect. The right of use involves the registrant’s use of the registered trademark, and the right of prohibition involves resisting the unauthorized use of the registered trademark by others without his permission. According to the provisions of the Trademark Law, the registrant’s exclusive rights The right to use is limited to the approved registered trademark and the goods approved for use. This means that the registrant is subject to two restrictions when exercising the right to use: First, it is limited to goods approved for use by the trademark authority and cannot be used for other similar goods. goods; secondly, it is limited to the words and graphics approved for registration by the trademark authority, and similar words and graphics cannot be used beyond the scope of approval. However, the scope of the right of prohibition is different. The registrant will not allow others to use the same goods without permission Anyone who uses a trademark that is the same or similar to its registered trademark on goods or similar goods enjoys the right to prohibit. That is to say, the effect of the right to prohibit involves the following four situations: first, the use of the same trademark on the same goods; second, the use of the same trademark on the same goods; second, the use of the same trademark on the same goods; Use similar trademarks on the same kind of goods; third, use the same trademark on similar goods; fourth, use similar trademarks on similar goods.
(3) Permission
Licensing right refers to the right of a registered trademark owner to authorize others to use its registered trademark by signing a licensing contract. Licensing is a way for the trademark owner to exercise his rights method. The licensor is the owner of the registered trademark and the licenseeAccording to the contract, after paying the trademark usage fee, you have the right to use the registered trademark within the scope and time stipulated in the contract. In essence, the online service and licensing system has positive significance for enterprises to develop horizontal alliances, give full play to their advantages, expand the production of brand-name goods, activate circulation, meet consumer needs, and improve social and economic benefits.
(4) Transfer right
Transfer means that the owner of a registered trademark transfers it according to certain conditions and in accordance with the law. The act of transferring its trademark rights to others. Transferring trademark rights is a way for trademark owners to exercise their rights. After the trademark rights are transferred, the transferee obtains ownership of the registered trademark, and the original trademark owner loses the exclusive right to use the trademark, that is, the trademark rights are transferred from one entity to another. To transfer a registered trademark, both parties must sign a contract and jointly submit an application to the Trademark Office. The transfer will be effective only after approval and announcement by the Trademark Office.
If you need legal help, readers are welcome to The Legal Savior Network provides legal consultation. The professional legal team of the Legal Savior Network will answer your questions in a timely manner so that you can safeguard your rights and interests in a timely manner.