1. What are the rights and obligations of a trademark registrant
Trademark The registrant is also called the "trademark registration applicant". A person who applies to the trademark management authority for registration of a trademark in accordance with the law.
Legal basis: Article 4 of the "Trademark Law of the People's Republic of China" stipulates that natural persons, legal persons or other organizations, in the course of production and business activities, need to If you obtain the exclusive right to use a trademark, you must apply for trademark registration with the Trademark Office. Once the trademark registrant's application is reviewed and approved for registration, he becomes the trademark owner. Two or more natural persons, legal persons or other organizations may jointly apply to the Trademark Office to register the same trademark and jointly enjoy and exercise the exclusive right to use the trademark. The rights of a trademark registrant mainly refer to the exclusive right to the registered trademark. Article 4 of the "Trademark Law" stipulates: A trademark approved and registered by the Trademark Office is a registered trademark, and the trademark registrant has exclusive rights to the registered trademark and is protected by law. The exclusive right to use a trademark should include:
1. Right to use: The trademark registrant has the right to use the registered trademark on the goods and services approved for use. Trademark, use the trademark in relevant business activities.
2. Exclusive rights: The trademark registrant enjoys exclusive rights to its registered trademark, and no one else may use it on the same or similar goods or services without authorization. Trademarks that are identical or similar to the registered trademark.
3. License right: The trademark registrant has the right to license others to use its registered trademark by signing a trademark license contract in accordance with legal provisions.
4. Right of prohibition: against others in the same orThe trademark registrant has the right to stop the unauthorized use of a trademark that is identical or similar to its registered trademark on similar goods or services.
5. The right to establish a mortgage: The trademark registrant has the right to establish a mortgage for its registered trademark in its business activities.
6. Investment rights: Trademark registrants have the right to invest in their registered trademarks as intangible assets in accordance with legal provisions and legal procedures.
7. Right of transfer: Trademark registrants have the right to transfer their registered trademarks to others with or without compensation through legal procedures.
8. Inheritance rights: As intangible property, trademarks can be inherited by their legal heirs according to the order of property inheritance.
2. Obligations of the trademark registrant
1. The trademark registrant shall be responsible for the quality of the goods or services for which the registered trademark is used. When licensing others to use its registered trademark, the quality of the goods or services on which the licensee uses its registered trademark shall be supervised.
2. Trademark registrants should strictly follow the relevant provisions of trademark laws and correctly use their registered trademarks. Issues that should be paid attention to in the use of trademarks
(1) Registered trademarks should be used strictly in accordance with the trademarks approved for registration and the goods or services approved for use on the "Trademark Registration Certificate".
(2) The trademark registrant shall not change the text, graphics or combination of the registered trademark on his own initiative; he shall not change the name, address or other registration information of the registered trademark on his own initiative. matter.
(3) If a trademark registrant uses its registered trademark beyond the scope of goods or services approved by the "Trademark Registration Certificate" and indicates the registration mark, it is a false registration Trademark violations.
(4) The trademark registrant shall not transfer the registered trademark by himself.
(5) The trademark registrant has the obligation to use the registered trademark. If a registered trademark ceases to be used for three consecutive years from the date of approval, the trademark may be revoked according to law.
(6) If a trademark registrant allows others to use its registered trademark, it must sign a trademark license agreement.Use a licensing contract. The licensor shall file the trademark license contract with the Trademark Office.
Trademark registrants enjoy a series of rights such as the right to use, exclusive rights, and transfer rights of the trademark. As the most common part of intellectual property rights, trademarks often also cause problems. the most. The use of trademarks must strictly abide by legal regulations. If the use is stopped for three consecutive years, the trademark will be revoked according to law.
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