What is trademark right

In practice, many of us may come across issues such as what Trademark rights are, but because we don’t know much about them, many things are not very clear. Regarding this issue, the editor of Legal Savior Network has compiled the following knowledge points. Let’s learn about it together.

What is trademark right

Trademark right refers to trademark The registrant enjoys the exclusive right to use the trademark registered by him in accordance with the law.

After registration, only the trademark owner has the right to use it. Others cannot use it without the owner's permission. On the one hand, this regulation is to facilitate producers to maintain the credibility of their products so that they can better sell their products; on the other hand, it is also responsible for all consumers.

Therefore, my country's "Trademark Law", "Criminal Law", "General Principles of Civil Law", etc. have made special provisions for the protection of the exclusive right to registered trademarks. Any unauthorized use of other people's trademarks without the permission of the trademark registrant, as well as counterfeiting or imitation of other people's registered trademarks, are illegal.

According to the trademark labeling regulations, on the same product or Using a trademark that is similar to other registered trademarks on similar goods and causing damage to the exclusive rights of others to register the trademark is an infringement of trademark rights.

Article 96 of the General Principles of the Civil Law stipulates that the exclusive rights to trademarks obtained by legal persons, individual industrial and commercial households, and individual partnerships shall be protected by law. Article 118 stipulates that if the exclusive right to use a trademark is infringed by counterfeiting, etc., the infringed party has the right to request a cessation of the infringement, elimination of the impact, and compensation for losses. If the infringer commits a crime, the person directly responsible for counterfeiting the trademark may be sentenced to fixed-term imprisonment of not more than three years in accordance with Article 127 of the Criminal Law. imprisonment or fine.

The exclusive right to use a trademark is protected by law because it has been approved and registered by the National Trademark Office.

If it is not registered, the user of such a trademark does not have trademark rights.

The validity period of a registered trademark is 10 years. After the validity period expires, if you need to continue using it, you canThe registration is renewed within the specified period, and the validity period of each renewal registration is also 10 years

The above is what Hualu editor has compiled for you about "What is a trademark?" For relevant knowledge on "rights" issues, this website provides you with professional lawyer consultation. If you have any questions, welcome to the Legal Savior Network for consultation.