What rights can you enjoy with a registered trademark
After trademark registration, your company enjoys trademark rights protected by national laws. . Trademark rights refer to the various legal rights enjoyed by trademark registrants over their registered trademarks within the statutory period. In terms of content, they include exclusive rights, prohibition rights, licensing rights, transfer rights, renewal rights and labeling rights, among which The right to exclusive use is the most important right from which other rights are derived.
1. Exclusive rights
Exclusive right refers to the trademark owner’s legal enjoyment of its registered trademark on designated goods. or
the right to exclusive use on the Services. The exclusive right of a registered trademark is limited to the approved registered trademark and the approved products for use.
2. Permission
License right refers to the right of a trademark owner to license others to use its registered trademark by signing a trademark license contract. The licensor should supervise the quality of the goods used by the licensee using its registered trademark , the licensee must indicate the name of the licensee and the place of origin of the goods on the goods using the registered trademark. The trademark license contract must be reported to the Trademark Office for filing. If the trademark license contract is not filed, the validity of the license contract will not be affected. Unless otherwise agreed by the parties. If the trademark license contract is not filed with the Trademark Office, it shall not be used against a bona fide third party. The main types of trademark licenses include exclusive licenses, exclusive licenses, general licenses, etc.
3. Right of transfer
Trademark transfer right refers to the trademark owner’s legal right to transfer his registered trademark The right to transfer to others in accordance with legal procedures and conditions. If a registered trademark is transferred, the transferor and the transferee shall sign a transfer agreement and jointly submit an application to the Trademark Office. The trademark registrant shall register the same or similar goods for the same type of goods. Identical or similar trademarks shall be transferred together; if they are not transferred together, the Trademark Office shall notify the applicant to make corrections within a time limit; if no correction is made within the time limit, the application for transfer of the registered trademark shall be deemed to have been abandoned, and the Trademark Office shall notify the applicant in writing of the transfer. After the registered trademark is approved, it will be announced, and the transferee shall have the exclusive right to use the trademark from the date of announcement. The transferee shall ensure the quality of the goods using the registered trademark. The transfer of a registered trademark will not affect the trademark license contract that was in effect before the transfer. validity, unless otherwise agreed in the trademark license contract.
4. Renewal Right
The right of renewal means that the trademark owner has the right to apply for renewal of registration according to law before the expiration of the validity period of his registered trademark, thereby extending the protection period of his registered trademark. The validity period of a registered trademark is 10 years, calculated from the date of approval of registration. If a registered trademark expires and needs to be continued to be used, it should apply for renewal of registration within 6 months before expiration; if the application is not submitted during this period, a 6-month grace period may be granted. Extension period. The validity period of each renewal of registration is 10 years, starting from the day after the expiration of the previous term of validity of the trademark. If an application has not been submitted at the expiration of the extension period, the registered trademark will be cancelled.
5. Right of markingWhen a trademark registrant uses a registered trademark, he has the right to indicate the words "registered trademark" or the registered mark. If it is inconvenient to indicate it on the goods, he can Mark it on the product packaging or instructions and other attachments.
6. Right of prohibition
Trademark prohibition right is a trademark right A person has the right to prohibit others from using a registered trademark and similar trademarks without his or her permission. The registered trademark owner has the right to prohibit others from using the same or similar registered trademark on the same or similar goods without permission. Similar trademarks.
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