What are the main rights of a trademark owner?

The subject of trademark rights, also called the trademark owner, refers to the natural person, legal person or other organization that enjoys trademark rights in accordance with the law, including the original subject and successor subject of trademark rights. So, what are the main rights of trademark owners? The editor of Legal Savior Network has compiled the following content, hoping it will be helpful to you.

What are the main rights of trademark owners

What are the rights of trademark owners? It mainly includes the exclusive use rights, prohibition rights, licensing rights, transfer rights, etc. of Registered trademarks.

(1) Exclusive right to use

The right to exclusive 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. Article 56 of my country's Trademark Law stipulates: "The exclusive right to register a trademark is limited to the trademark approved for registration and the goods approved for use." That is, a registered trademark can only be used on the goods or services approved at the time of registration, and are inferior to similar goods or services; the trademark owner is also not allowed to change the sign that constitutes the registered trademark without authorization, nor is it allowed to use a trademark that is similar to the registered trademark.

(2) Right to prohibit

The right of prohibition means that the owner of a registered trademark has the right to prohibit others from using the same or similar goods or services without his permission. Use a trademark that is identical or similar to its registered trademark. Trademark rights have the same attributes as property ownership, that is, they do notThe exclusivity subject to interference by others is embodied in the prohibition of others from illegally using and printing registered trademarks and other infringements. It can be seen that the right to exclusive use and the right to prohibit are two aspects of trademark rights.

(3) Permission

License right refers to the right of a registered trademark owner to authorize others to use its registered trademark by signing a licensing contract. 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 licensing system has positive significance for enterprises to develop horizontal alliances, leverage their advantages, expand the production of brand-name goods, activate circulation, meet consumer needs, and improve social and economic benefits.

(4) Transfer right

Transfer refers to the act in which the owner of a registered trademark transfers its trademark rights to others in accordance with certain conditions and 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.

The above knowledge is the editor’s answer to the question “What are the main rights of trademark owners?” If you need more legal If you need help, welcome to the Legal Savior Network for legal consultation.