Are special trademark usage fees considered royalties?

Nowadays, you will find that many products are marked with "special offer", "exclusively available" and other marks. Generally, people trust products with such marks and will give priority to purchasing them. So what are the regulations for the use of special trademarks? Are there any relevant provisions in law? Now the editor of Legal Savior Network has compiled the following content to answer your questions. I hope it will be helpful to you.

Is the fee for using a special trademark considered a royalty

Special trademark usage fees are royalties .

Royalty is a comprehensive concept , does not refer to "a certain" franchise that requires paid use, but a type of Rights. Most of this type of rights belong to the intellectual property category (except for non-patented technologies). After all, intellectual property rights are in modern society and can be used for a fee. And the main force of legal transactions.

Royalty refers to the amount of money people receive for using the rights , or any payment for intangible property such as information, services, etc. For example: Income obtained by individuals from providing the right to use patent rights, trademark rights, copyrights, non-patented technologies and other franchises.

Non-rights owners must obtain the owner's consent or pay a certain fee before using the right. Otherwise, it will be regarded as an infringement and will be held legally responsible.

Right fees and license fees are not essentially different from each other, so the agreement uses them together.

Special instructions

Whether a certain franchise fee constitutes a condition of sale of the goods being valued, we can also judge based on whether the license fee and the goods being valued are independent of each other. If they are not mutually exclusive Independent, the fee constitutes a condition of sale and must be included in the duty-paid price.

Trademark right refers to the exclusive right granted by the trademark authority to the trademark owner to protect its registered trademark under national law. A trademark is a commercial sign used to distinguish goods and services from different sources. It consists of text, graphics, letters, numbers, three-dimensional logos, color combinations, or a combination of the above elements. To obtain Chinese trademark rights, you must follow the trademark registration procedures, and the first-to-file principle is implemented.

It is understood that in the era of planned economy where materials were scarce, the government, in order to ensure the operation of key departments, imposed restrictions on some Groups implement "special supply" to give priority to the needs of these groups. The items and objects of "special supply" are very special. "Special items" means that most of the special supply products are not available on the market. Secondly, The items supplied are absolutely safe and of high quality.

But now, on the one hand, it is difficult to distinguish the authenticity of the numerous special products, on the other hand, they are suspected of excessive publicity and unfair competition.

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