What does the principle of exhaustion of trademark rights mean?

The principle of exhaustion of Trademark rights is vividly reflected in practice, but many people do not know what the principle of exhaustion of trademark rights means. Therefore, in order to enable everyone to better exercise their trademark rights, the editor of Legal Savior Network will briefly explain it to you below. It is important to analyze the principle of exhaustion of trademark rights. I hope it will be helpful to everyone.

Trademark rights What does the principle of due diligence mean?

The principle of exhaustion of trademark rights means that the trademark owner or its authorized trademark user uses the goods or services marked by the goods into Once in circulation, it has no right to prohibit or hinder others from using the attached registered trademark. "Exhaustion" here means that the exclusive right holder of the intellectual product has exhausted only the trademark rights, but it does not mean that other intellectual property rights have been exhausted. Moreover, this kind of exhaustion does not refer to the exhaustion of the exclusive right of the trademark itself, but the exhaustion of the trademark owner's control over the goods marked with his trademark. It can be seen that the principle of exhaustion of trademark rights is actually a restriction of trademark rights by commodity property rights.

Exceptions to the principle of exhaustion of trademark rights

The principle of exhaustion of trademark rights is stipulated to prevent the trademark owner from abusing his rights. For example, it can prevent him from always controlling the distribution channels of goods and hindering the free circulation of goods, that is, preventing him from using the trademark exclusively He has the right to control the retail rights of all goods bearing the trademark. However, any restriction on rights is not absolute. The principle of exhaustion of trademark rightsThere are exceptions, because the primary function of a trademark is to identify the source and quality of the goods and to distinguish products produced by different producers of goods. Therefore, whether the trademark right is exhausted domestically, regionally, or even internationally, if a seller changes the original nature or form of the goods after the goods are legally put on the market, and still uses them without permission. original trademark, then the trademark owner has the right to interfere. That is, when it causes damage to the quality of the goods or the goodwill of the trademark owner, or causes deceptive consequences, the trademark owner has the right to file a lawsuit. At this time, the principle of exhaustion of trademark rights no longer applies.

The principle of exhaustion of trademark rights is actually that after the trademark is transferred , the original trademark owner has no right to interfere with the current trademark owner’s right to use and dispose of the trademark, but there are still exceptions, provided that there must be legitimate reasons. Therefore, if you still have questions, the editor recommends logging onto the Legal Savior website to find professional lawyer services. This is very necessary.