Can trademark ownership and use rights be separated?

The establishment of a Trademark generally needs to be reviewed and reviewed. Only when the review is passed can the right to use the trademark be obtained. Otherwise, it will be regarded as illegal. So, can trademark ownership and use rights be separated? The editor of Legal Savior Network will give you the corresponding answers below for your reference and study. I hope the following answers will be helpful to you.

1. Can trademark ownership and use rights be separated?

Trademark ownership and use rights Separation of usage rights. The separation of use rights and ownership can be achieved through licensing. You can sign an exclusive license contract and transfer the use rights to others, while the ownership remains yours.

Article 42 of the Trademark Law of the People's Republic of China

Transfer of registered trademarks , the transferor and the transferee shall sign a transfer agreement and jointly submit an application to the Trademark Office. The transferee shall ensure the quality of the goods using the registered trademark.

When a registered trademark is transferred, the trademark registrant shall transfer similar trademarks registered on the same goods, or identical or similar trademarks registered on similar goods. , should be transferred together.

2. How is a complete trademark formed?

Article 8 of the "Trademark Law of the People's Republic of China" stipulates: "Any visible trademark that can distinguish the goods of a natural person, legal person or other organization from the goods of others Sexual signs, including words, graphics, letters, numbers, three-dimensional signs and color structures, and combinations of the above elements can be applied for registration as trademarks." According to this regulation, trademarks can use words, figures, letters, numbers, three-dimensional signs and colors Combinations and any combination of these things. In practice, trademarks have the following basic composition forms:

(1) It is composed of words alone. This kind of trademark is the most obvious.

(2) can also be composed of letters alone.

(3) A trademark consisting solely of numbers.

(4) A trademark consisting of graphics alone.

(5) A combined trademark can be any two of words, numbers, letters and graphics Or a combination of two or more elements, the more common one is the combination of text and graphics.

(6) Use a three-dimensional logo and color combination to register a trademark. That is, three-dimensional trademarks, which are trademark components added after the revision of the Trademark Law. The new Trademark Law expands the objects of trademark protection from flat trademarks to three-dimensional trademarks and color combination trademarks.

The above is the answer given by the editor of Legal Savior Network on "Can trademark ownership and use rights be separated?" We can understand that trademark ownership and use rights can be separated. I hope it will be helpful to you. If you all If you also want to know other legal knowledge, the Legal Savior Network also provides professional lawyer online consultation services. You are welcome to have legal consultation again.