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 right
Exclusive right refers to the subject of trademark rights The registered trademark has the exclusive right to use on designated goods or services according to the law. The exclusive right of a registered trademark is limited to the approved registered trademark and the approved products for use.
2. Licensing rights
Licensing rights refer to the trademark owner You can license others to use your registered trademark by signing a trademark license contract. The licensor shall supervise the quality of the goods used by the licensee using its registered trademark, and the licensee must indicate the name of the licensee and the 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 a trademark license contract is not filed with the Trademark Office, it may not be used against a bona fide third party. The main types of trademark use licenses include exclusive use licenses, exclusive use licenses, general use licenses, etc.
3. Transfer right
The right to transfer trademark refers to the trademark The right holder has the right to transfer its registered trademark to others in accordance with legal procedures and conditions. When transferring a registered trademark, the transferor and the transferee shall sign a transfer agreement and jointly submit an application to the Trademark Office. The trademark registrant shall transfer the same or similar trademarks registered on the same or similar goods together; if they are not transferred together, the Trademark Office shall notify the trademark registrant to make corrections within a time limit; if the trademark registrant fails to make corrections within the time limit, it shall be deemed to have given up the transfer of the trademark. When applying for a registered trademark, the Trademark Office shall notify the applicant in writing. After the transfer of a registered trademark is approved, it will be announced, and the transferee will enjoy 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 does not affect the validity of the trademark license contract that was in effect before the transfer, but the trademark license contract has otherExcept as agreed.
4. Renewal Right
Renewal right refers to the trademark Before the expiration of the validity period of its registered trademark, the right holder has the right to apply for renewal of registration according to law, thereby extending the protection period of its 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 extension period can be given. Each renewal of registration is valid for 10 years, starting from the day after the expiration of the previous term of validity of the trademark. If an application has not been made before the extension period expires, the registered trademark will be cancelled.
5. Right of indication
The trademark registrant uses the registered trademark, The right to indicate the words "registered trademark" or registered mark. If it is inconvenient to mark it on the product, it can be marked on the product packaging or instructions or other attachments.
6. Right of prohibition
The right of trademark prohibition is the right of the trademark owner The right to prohibit others from using registered trademarks and similar trademarks without your permission. The owner of a registered trademark has the right to prohibit others from using a trademark that is identical or similar to the registered trademark on the same or similar goods without permission.
