1. What does trademark registration include?
Trademark registration includes:
First, the registrant’s right to use it himself. Trademark registrants have full rights to use their registered trademarks. First of all, registrants can use their registered trademarks according to their own wishes on goods or services approved by the Trademark Office without violating legal provisions, and no other person may interfere. Secondly, the registrant has the right to advertise its registered trademark and can also use its registered trademark for advertising.
Finally, unless the registrant has the trademark revoked by the Trademark Office due to violation, or the trademark has been canceled by the Trademark Office because the validity period has expired beyond the extension period and has not been renewed, no one else may The registrant shall be deprived of the exclusive right to use a registered trademark, and shall not be forced to transfer the exclusive right to a registered trademark or permit others to use it.
Second, the right to exclude others from use. A trademark registrant has the exclusive right to use its registered trademark, that is, no one else may use the same or similar trademark on the same or similar goods without the registrant's permission. Using the same or similar trademark as the registrant's trademark on the same or similar goods without the registrant's permission constitutes the registrant's right to use the infringer to require the infringer to stop the infringement and compensate the registrant for the economic losses caused by it. Administrative agencies may impose fines on infringers. Anyone who registers a crime by impersonating another person shall, in addition to compensating the economic losses of the infringed party, be held criminally responsible in accordance with the law.
Third, transfer right. The owner of a registered trademark has the right to transfer his registered trademark with or without compensation by signing a transfer contract. Transferring a registered trademark is actually transferring the exclusive right to register a trademark. According to the provisions of my country's Trademark Law, to transfer a registered trademark, an application must be submitted to the Trademark Office, and the Trademark Office will make an announcement after approval.
Fourth, grant permission to others to use. The trademark registrant has the right to license others to use the trademark by signing a licensing contract. According to my country’s Trademark LawIt stipulates that licensed trademark use must be filed with the Trademark Office, and the text of the filing license contract must be submitted to the Trademark Advertising Section of the local Industry and Commerce Bureau for review.
2. How to obtain exclusive rights to trademarks
The only way to obtain the exclusive right to use a trademark in my country is to register a trademark.
Legal basis: Article 3 of China’s Trademark Law stipulates: “Trademarks approved and registered by the Trademark Office are registered trademarks, including commodity trademarks, service marks and collective trademarks. Trademarks and certification marks; trademark registrants enjoy exclusive rights to trademarks and are protected by law." Article 4 also stipulates that "natural persons, legal persons or other organizations need to obtain exclusive rights to trademarks for the goods they produce, manufacture, process, select or distribute. If a person, legal person or other organization needs to obtain the exclusive right to use a trademark for the services they provide, they should apply to the Trademark Office for service trademark registration." This shows that China's trademark rights are confirmed What is implemented is the registration principle rather than the usage principle. Mere use of a trademark without registration will not automatically generate rights. This requires trademark users to have a strong trademark awareness and apply for trademark registration with the Trademark Office in a timely manner in order to obtain exclusive rights to the trademark as soon as possible.
The trademark registration principles stipulated in my country's Trademark Law actually give all parties equal rights to obtain exclusive rights to trademarks. The key is to require all parties to be good at Take advantage of this principle and system. Some companies have taken detours in this regard, and their experiences and lessons are worth learning from. For example, some companies do not apply for trademark registration for a used trademark in a timely manner, but spend most of their energy on advertising. When the company realizes that it should register a trademark, it discovers that the trademark has already been applied for or registered by others. First of all, abandoning the trademark means that the previous advertisements are used as wedding clothes for others. If you want to continue to use the trademark, you may need to spend a lot of money to buy it back or sign a trademark license contract with others. In order to prevent similar situations from happening, the most effective and safest way is to apply for trademark registration in a timely manner.
In our real life, trademark registration itself is very important. According to the provisions of our country's "Trademark Law", the parties concerned should carry the trademark-related documents. A series of written materials are then submitted to the Trademark Office. After final review, you can obtain the exclusive right to use the trademark. 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 to the Legal Savior website to consult a professional lawyer.