What is the nature of trademark exclusive rights
The exclusive right to trademark is a property right.
The Trademark Law determines that registered trademarks can be transferred. The important premise is to treat the exclusive right of trademark as a property right, or in other words, the exclusive right of trademark is a kind of property right. The reason why the exclusive right of trademark is a kind of property right is that first of all, it is an intellectual achievement, which has specific functions such as identifying the source of goods, ensuring the quality of goods, promoting the sales of goods, expressing business reputation, etc. These functions are combined with the exclusive right of trademark, so that Trademarks have commercial value and can generate economic benefits.
If a trademark does not have specific functions, it does not constitute Commercial value, of course, the exclusive right to trademark cannot become a property right. People commercially evaluate the value of some trademarks as millions, tens of millions, or billions of yuan, which is a direct reflection of the exclusive right to trademark as a 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 aTreated as intangible property. Among the well-known property classification methods, property is divided into movable property and immovable property, 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. Therefore, from the perspective of the nature, content and subject matter of the right, the transfer of a registered trademark is reasonable and necessary. The transfer of a registered trademark is the transfer of Property rights.
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