What specific rights does trademark right include?
1. Right to use. Once a trademark is approved and registered by the national trademark management authority, the trademark owner enjoys the complete and exclusive right to use the registered trademark within a certain scope. The so-called exclusive right to use means that others are not allowed to use the registered trademark or a trademark similar to the registered trademark on the same or similar goods without the permission of the owner of the registered trademark. Otherwise, it will constitute trademark infringement, and the trademark owner may request the industrial and commercial administrative authorities to handle it in accordance with the law or file a lawsuit in court.
2. Permission to use. Trademark owners can license their registered trademarks to others and receive compensation for doing so. Based on the licensing contract signed between the licensor (trademark owner) and the licensee (trademark user), the trademark owner can retain the right to use the trademark, or he can give up the right to use the trademark, and the licensee can The licensee may use the trademark exclusively or multiple people may use it at the same time. Regardless of whether the trademark owner retains or gives up the right to use the trademark, the owner of the trademark remains the original trademark registrant. Under the conditions of trademark license, only the right to use the trademark is transferred, and the ownership does not change.
3. Right to transfer trademark. Transferring a registered trademark is a legal act by which the trademark owner transfers trademark ownership to another person in accordance with the procedures stipulated in the Trademark Law. After the trademark right is transferred, the original trademark registrant, that is, the trademark owner, loses all rights to the registered trademark, and the trademark ownership is transferred to the new trademark owner. The registered trademark itself does not change, but the owner of the registered trademark changes.
4. Right of renewal. Trademark renewal right refers to the right of the trademark owner to apply to the Trademark Office to extend the trademark protection period. According to my country’s Trademark Law, the validity period of registered trademark rights is 10 years. If the trademark owner wishes to continue to use the registered trademark and maintain the trademark rights, he can apply for renewal before the expiration of the trademark rights. The right to renew a trademark is a very important right enjoyed by the trademark owner. Through the right of renewal, the vitality of a trademark can be extended indefinitely. In other words, the term of protection of a trademark right can be extended far beyond the exclusive period by exercising the right of renewal.The term of protection of rights and copyrights. The key is that registered trademark owners should increase their awareness of trademark rights protection, cherish the hard-won exclusive rights to trademarks, make full use of the rights granted by the trademark law, and make the trademark, an intangible asset, play its role.
What are the obligations of trademark owners?
1. When using a registered trademark, the trademark laws of many countries stipulate that only a trademark that has been actually named can be registered, or the trademark must be registered after approval. Must be used within the time limit, otherwise the trademark rights will be lost. my country's Trademark Law stipulates that if a trademark has been suspended for three consecutive years after registration, anyone can apply to the Trademark Office to cancel the registered trademark. The use of trademarks includes using trademarks directly on commodities, commodity packaging or containers, and related commodity transaction documents, or using trademarks in advertising, exhibitions, and other business activities. When using a registered trademark, the words "registered trademark" or the registered mark should be indicated.
2. Ensure the quality of goods or services using registered trademarks. Due to long-term use, the legal status of a registered trademark is relatively stable and its credibility is relatively high in the minds of consumers; moreover, the quality of the goods or services represented by a registered trademark with legal stability should also have a certain degree of stability. . Therefore, trademark owners and trademark users have the obligation to ensure the quality of the goods or services they produce and operate and not to deceive consumers. This obligation is equally important to trademark owners. When licensing a trademark, the trademark owner must carefully select the licensee, and supervise the quality of the products or services using its registered trademark at any time. It is never allowed to harm consumers just to obtain economic benefits.
The editor of Legal Savior Network introduced the relevant rights of trademark rights. I believe you will have a new understanding and new understanding of this aspect. In practice, there are four types of trademark rights protection, namely, the right to possess and use, the right to license, the right to transfer and the right to renew. And in real life, trademarks cannot be used casually. Infringement of trademark rights will be punished by law. If you still have relevant questions, please feel free to consult an online lawyer on the Legal Savior Network.
