What are the rights of a trademark registrant?
What are the rights of a trademark registrant? Mainly refers to the exclusive rights enjoyed by Registered trademarks.
1. Rights and obligations of trademark registrants
(1) Rights of the trademark registrant
The rights of the trademark registrant mainly refer to the exclusive right to the registered trademark. my country's Trademark Law stipulates that 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 trademark on the goods and services approved for use by the registered trademark, and transfer it in Use the trademark in relevant business activities.
2. Exclusive rights: Trademark registrants enjoy exclusive rights to their registered trademarks , no other person may use a trademark that is identical or similar to the registered trademark on the same or similar goods or services without authorization.
3. Right to license: 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: The trademark registrant shall have the right to prohibit others from using a trademark that is identical or similar to its registered trademark on the same or similar goods or services without authorization. right to stop it.
5. 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: The trademark registrant hasIn accordance with legal provisions and legal procedures, the company has the right to invest its registered trademarks as intangible assets.
7. Right to 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 trademark registrant
1 .Trademark registrants shall be responsible for the quality of the goods or services on which their registered trademarks are 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 shall strictly follow the relevant provisions of trademark laws and use their registered trademarks correctly.
2. Issues that should be paid attention to when using trademarks
(1) Registered trademarks should be used strictly in accordance with the trademark 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 registered logo, it is impersonating the registered trademark. Illegal conduct.
(4) When transferring a registered trademark, the transferor and the transferee shall sign a transfer agreement and jointly file an application with the Trademark Office. The transferee shall ensure the quality of the goods using the registered trademark.
(5) The trademark registrant has the obligation to use the registered trademark. If a registered trademark ceases to be used for three consecutive years without justifiable reasons from the date of approval, the trademark may be revoked according to law.
(6) Trademark registrants should prevent their registered trademarks from becoming common names. A registered trademark becomes the common name of goods approved for use. Any unit or individual may apply to the Trademark Office to cancel the registered trademark.
(7) A trademark registrant may license others to use its registered trademark by signing a trademark license contract. The licensor shall file and submit the filing materials to the Trademark Office within the validity period of the license contract, and the Trademark Office shall announce it. A trademark use license shall not be used against a bona fide third party without being registered.
(8) The licensee shall ensure the quality of the goods using the registered trademark and must ensure the quality of the goods using the registered trademark. The name of the licensee and the place of origin of the goods shall be marked on the goods with a registered trademark.
(9) If a registered trademark right is pledged, the pledgor and the pledgee shall You should sign a written pledge contract and jointly submit an application for pledge registration to the Trademark Office, which will be announced by the Trademark Office.
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