What is the right to exclusive use of trademarks and the right to prohibit trademarks?

The maintenance and construction of Trademark rights constitute the main work content of enterprises' current intellectual property management. Trademark registration applicants often have many questions when applying for trademark registration. What are the rights to exclusive use of trademarks and the right to prohibit trademarks? If you don’t know the relevant legal knowledge and don’t know what to do, the following is the relevant content compiled by the editor of Legal Savior Network. Listen to the specific opinions given by the editor of Legal Savior Network.

What are the rights to exclusive use of trademarks and the right to prohibit trademarks

Trademark prohibition rights

The right of trademark prohibition is the right of the trademark owner to prohibit others from using it without his permission. Registered trademarks and similar trademarks. According to Article 52 of the Trademark Law, the owner of a registered trademark has the right to prohibit others from using an identical or similar trademark to the same or similar goods without permission. The scope of the trademark prohibition right is wider than the scope of the exclusive right to trademark. .

Trademark right is a collective concept, and its content Including the exclusive right to use the trademark, the right to disable, the right to transfer and the right to license the use, etc. Among them, the exclusive right to use and prohibition of trademarks constitute the main items of trademark rights, and they are also the most problematic and controversial part of the trademark management process of enterprises.

Trademark exclusive rights

The exclusive right to use a trademark, that is, the exclusive right to use a trademark. Its definition is that the trademark owner has direct control over the registered trademark. The exclusive right to use the trademark means that the owner of the registered trademark can Certain behaviors, especially those with exclusive use as the main content and characteristics, have positive significance. Therefore, the exclusive right to trademark can also be called the positive effect of trademark registration or the positive rights of the trademark owner. Here the emphasis is on "direct "Concept, that is, a right that can be exercised directly without any explanation or external force. Therefore, the exclusive right to trademark can be understood as the absolute right of a trademark.

Article 3 of the "Trademark Law" clearly stipulates: "Trademarks approved and registered by the Trademark Office are registered trademarks, including commodity trademarks, service marks and Collective trademark and certification mark; trademark registrants enjoy exclusive rights to trademarks and are protected by law. ” It can be seen that, in addition to the special protection of registered trademarks, the exclusive right of ordinary trademarks is obtained by applying for registration and filing with the Trademark Office of the State Administration for Industry and Commerce.

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