What is the meaning of shared trademark rights
Shared trademark rights refer to trademarks jointly enjoyed by multiple entities for the same trademark. right.
Characteristics of trademark rights
1. Exclusivity. Also known as exclusivity or monopoly, it means that the trademark registrant has the exclusive right to use its registered trademark. The basic purpose of granting the owner of a registered trademark the exclusive right to use is to establish a fixed connection between a specific trademark and specific goods through registration, thereby ensuring that consumers can avoid confusion and receive accurate information about the source of the goods. In other words, any unauthorized use in commerce will constitute an infringement of trademark exclusive rights.
2. Timeliness. Refers to the validity period of the exclusive right of a trademark. Within the validity period, the exclusive right to use a trademark is protected by law. If renewal procedures are not carried out beyond the validity period, it will no longer be protected by law.
3. Regionality. It means that the protection of the exclusive right of a trademark is limited by the geographical scope. The exclusive right of a registered trademark only enjoys legal protection in the country where the trademark is registered, and non-registered countries have no obligation to protect. In our country In order for a registered trademark to obtain trademark exclusive rights and receive legal protection in other countries, it must be registered in these countries respectively, or apply for territorial extension in the member states of the agreement through international intellectual property treaties such as the Madrid Agreement.
4. Property. The exclusive right to trademark is an intangible property right. Trademark The entire exclusive right is an intellectual achievement, which embodies the hard work and labor of the right holder. Intellectual achievements are different from tangible material wealth. Although it needs to be expressed through a certain carrier, the carrier itself does not have much economic value and reflects the huge economy. The value can only be the intellectual achievements contained in the carrier.
5. Category. Category. The Trademark Office of the State Administration for Industry and Commerce will review and approve the category and product (service) item name approved in the "Trademark Registration Application" submitted by the trademark registration applicant. Protection of registered trademarks The scope is limited to the approved categories and projects. Based on the "International Classification of Goods and Services for Trademark Registration" provided by the World Intellectual Property Organization, the "Classification Table of Similar Goods and Services" formulated by the State Trademark Office divides goods and services into 45 categories. In each category, only one trademark right holder is allowed to own the same or similar trademark in the same or similar categories and goods (services), and different right holders are allowed to own the same or similar trademark in different and similar categories.
The so-called shared trademark rights refer to the rights of several entities to the same trademark Jointly enjoyed trademark rights. An important feature of jointly owned trademark rights is the plurality of its subjects.
The editor reminds you that the trademark registrant enjoys the exclusive rights of the trademark and is protected by law. If it is a well-known trademark, it will obtain legal protection of the exclusive rights of trademarks across categories. The above is a summary of the relevant information for you material, I hope it can help you. The Legal Savior Network is committed to building an excellent legal consultation platform. If you still have questions, welcome to consult with a lawyer.
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