What is the exclusive right to use a trademark, and what are the specific contents of the exclusive right to use a trademark?
1. What is the exclusive right to use a trademark
The exclusive right to use a trademark, that is, the exclusive right to use a trademark right. Its definition is that the trademark owner has direct control over the registered trademark. The exclusive right to use a trademark means that the owner of a registered trademark can perform certain actions, especially those with exclusive use as the main content and characteristics, which have positive significance. Therefore, the exclusive right to use a trademark can also be called the positive effect of trademark registration or trademark rights. positive rights of man.
The concept of "direct" is emphasized here, that is, the right to be exercised directly without any explanation or external force. Therefore, the exclusive right to trademark can be understood as a trademark absolute rights.
2. Specifics of exclusive rights to trademarks Content
(1) Exclusive right to use. The trademark owner enjoys the exclusive right to use its registered trademark, and no third party has the right to use the same or similar mark with the trademark registered by the trademark owner on similar products or services.
(2) Revenue rights---licensing rights. The trademark owner has the right to obtain consideration or remuneration from the licensee by licensing the trademark to others, which is the doctrinal licensing right.
(3) Right of disposal
1. Right of transfer. The trademark owner can transfer the trademark rights to a third party, and the transfer can be paid or free of charge.
2. Investment. The trademark owner can use the trademark to invest in the establishment of a company or other corporate legal person, a partnership, a sole proprietorship, etc.
3. Pledge. The trademark owner can export the trademarkPledge, setting up a pledge of rights to guarantee the debts of oneself or a third party.
4. Abandon trademark rights.
aExplicit abandonment
The trademark owner may expressly abandon the trademark to the Trademark Office Trademark rights shall be deregistered by the Trademark Office.
bImplied abandonment
The owner of the registered trademark has not used the registered trademark for three consecutive years The Trademark Office canceled the trademark
The trademark protection period expired, and the trademark owner did not apply for renewal after the grace period.
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