What is the nature of trademark exclusive rights
Trademark Law determines that a registered trademark can be transferred, and its important prerequisite is Treat the exclusive right to trademark as a property right, or in other words, the exclusive right to trademark is a property right.
The reason why the exclusive right to trademark is a kind of property right, First of all, it is an intellectual achievement that has specific functions such as identifying the source of goods, ensuring product quality, promoting product sales, and expressing business reputation. These functions, combined with the exclusive rights of trademarks, give trademarks commercial value and can form economic benefits. . If a trademark does not have specific functions and does not constitute commercial value, the exclusive right to use a trademark certainly cannot become a property right.
People evaluate the value of some trademarks in business It is millions, tens of millions, or billions of yuan, which is a direct reflection of the exclusive right of trademark as a kind of property right. The exclusive right to trademark is recognized as a property right. Although it is a historical process both at home and abroad, it has become an affirmative fact in the modern economy.
The exclusive right to trademark is a property right and is treated as intangible property in the classification of property. In the well-known property classification method, property is divided into movable property, immovable property, and tangible property.and intangible property, etc., these classification methods are conditionally used in real life. In China's Accounting Standards for Business Enterprises, intangible assets are listed as a form of corporate assets, and are specifically stated as follows: Intangible assets refer to assets that are used by enterprises for a long time without physical form, including patent rights, non-patented technologies, trademark rights, Copyright. At the same time, provisions are made for the determination of the value of intangible assets in the Accounting Standards for Business Enterprises.
The above facts and analysis can be shown and reflected The registered trademark of the exclusive right of trademark is the subject matter of an independent property right. That is to say, the exclusive right of trademark is an independent property right, and the registered trademark is the independent subject matter of this property right. The trademark registrant has the right to enjoy the exclusive right of the trademark. rights, is the owner of the registered trademark. For this kind of property right, its owner can transfer it according to law, and the specific form of transfer is to transfer the registered trademark.
So, from the nature of the right and the content of the right , from the perspective of the subject matter of rights, the transfer of a registered trademark is reasonable and necessary, and the transfer of a registered trademark is the transfer of property rights.
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