How to use the trademark of a listed company after registration
(1) Proprietary Right to use
Exclusive right to use is the most important content of trademark rights and the most basic core right in trademark rights. Its legal feature is that the trademark owner can exclusively use the approved trademark on the approved goods and obtain other legitimate rights and interests through use.
The exclusive right to use is relative and can only be used within the scope provided by law. Legal basis: Article 56 of my country’s Trademark Law stipulates that the exclusive right to register a trademark is limited to the approved trademark and the goods approved for use. That is to say, a Registered trademark can only be used on the goods or services approved at the time of registration, and not on similar goods or services; the trademark owner is also not allowed to change the signs that constitute the registered trademark without authorization, nor can it use a trademark that is similar to the registered trademark .
(2) Right of prohibition
1. The right of prohibition means that the owner of a registered trademark has The right prohibits others from using the same or similar trademark as its registered trademark on the same or similar goods or services without its permission. Trademark rights have the same attributes as property ownership, that is, exclusivity without interference from others, which specifically prohibits others from illegally using, printing, and other infringements of registered trademarks. It can be seen that the right to exclusive use and the right to prohibit are two aspects of trademark rights.
2. The difference between the right to use and the right to prohibit is that they have different scopes of effect. The right of use involves the registrant's use of the registered trademark, and the right of prohibition involves resisting the unauthorized use of the registered trademark by others without his permission. According to the provisions of my country's Trademark Law, the registrant's exclusive right to use is limited to the approved registered trademark and the approved goods. This means that registrants are subject to two restrictions when exercising their right to use:
(1) Only for products approved for use by the trademark authority and cannot be used for other similar products;
(2) It is limited to the words and graphics approved for registration by the trademark administration authority, and similar words and graphics cannot be used beyond the scope of approval. However, the scope of the right of prohibition is different. The registrant has the right to prohibit others from using the same or similar trademark as its registered trademark on the same or similar goods without permission. That is to say, the effect of the right of prohibition involves the following four situations:
First, the use of the same trademark on the same kind of goods;
Second, use similar trademarks on the same product;
Third, use the same trademark on similar products ; Fourth, use similar trademarks on similar goods.
(3) Licensing rights
Licensing rights refer to the registered trademark owner signing a license A usage contract authorizes others to use its registered trademark. Licensed use is a way for trademark owners to exercise their rights. The licensor is the owner of a registered trademark. According to the contract, the licensee has the right to use the registered trademark within the scope and time stipulated in the contract after paying the trademark usage fee. In essence, the online service and licensing system has positive significance for enterprises to develop horizontal alliances, give full play to their advantages, expand the production of brand-name goods, activate circulation, meet consumer needs, and improve social and economic benefits.
(4) Transfer right
Transfer means that the registered trademark owner transfers the rights according to certain Conditions, the act of transferring its trademark rights to others in accordance with the law. Transferring trademark rights is a way for trademark owners to exercise their rights. After the trademark rights are transferred, the transferee obtains ownership of the registered trademark, and the original trademark owner loses the exclusive right to use the trademark, that is, the trademark rights are transferred from one entity to another. To transfer a registered trademark, both parties must sign a contract and jointly submit an application to the Trademark Office. The transfer will be effective only after approval by the Trademark Office and announcement.
To sum up, after registering a trademark, the company has the exclusive right to use the trademark, the right to prohibit, the right to license and the right to transfer. If the company is short of funds, You can also mortgage your trademark to a bank for loan working capital. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go toLegal Savior Network consults professional lawyers.