What rights does the trademark owner have?
(1) Right to use by oneself. After the trademark registrant obtains the exclusive right to use the trademark, he obtains the right to use protected by law and can use it in accordance with the law on the goods or services he produces, manufactures, processes, selects or distributes. Use registered trademarks;
(2) Permission to use , the owner of a registered trademark can license others to use its registered trademark in accordance with the law;
(3) Right of transfer: The owner of the exclusive right to a registered trademark can transfer the trademark with or without compensation according to his or her own will. The right of the trademark owner to prohibit others from illegally using a registered trademark means that after the trademark is approved for registration, the trademark owner has the right to prohibit others from registering the same or similar trademark on the same or similar goods; on the other hand, For infringements of illegal use of registered trademarks without permission, the company has the right to request protection from the industrial and commercial administrative department or the people's court in accordance with the law, requesting a stop to the infringement, compensation for losses, and even investigation of criminal liability.
The object of the right to the exclusive right of a registered trademark, that is, the object to which the rights and obligations are directed, is the act of using a specific trademark on specific goods.
The exclusive right to trademark is generated by registration and is limited to the approved registered trademark and the approved goods for use. This is the scope of exclusive trademark rights. The scope of protection of the exclusive right to use a trademark is not limited to the registered trademark and the goods approved for use, but also includes trademarks similar to the registered trademark and goods similar to the goods approved for use of the registered trademark.
"Trademark Law" stipulates the exclusive right to register a trademark It is limited to approved registered trademarks and designated goods. The approved registered trademarks here refer to the product names and trademark graphics that have been approved and registered by the Trademark Office after completing the application and registration procedures in accordance with the law, that is, registered , text, graphics, letters, numbers, three-dimensional logos and color combinations as visible signs of a trademark, as well as combinations of the above elements, etc. The goods approved for use refer to the specific product names or service items in the approved designated goods or service categories. Limited to the approved registered trademark and the goods or services approved for use, it means that the trademark registrant can only use the approved registered trademark on the specific goods or services designated for use. The registered trademark and the goods approved for use form a whole, which defines the scope of the exclusive right to use the trademark. The two cannot be separated or changed. Only if the trademark registrant exercises the exclusive right to use the trademark within this scope can its exclusive right to use the trademark be protected in accordance with the law. If the trademark registrant arbitrarily changes the graphics of the trademark or expands the scope of use, exceeding the scope of the exclusive right to use the trademark, not only will it not be protected by the law, but it may even cause serious consequences and be punished by the law. If the trademark actually used by the trademark registrant is inconsistent with the approved registered trademark, the following consequences may occur:
(1) It constitutes an illegal act of changing the words, graphics, etc. or their combination of registered trademarks on one's own initiative;
(2) When the self-changed trademark is obviously different from the approved registered trademark, and the registered mark is also marked, it constitutes counterfeiting of a registered trademark. Illegal behavior;
(3) If the changed trademark is the same as or similar to someone else’s registered trademark, it constitutes infringement of someone else’s trademark.
(4) Continuous non-use The approved trademark resulted in the cancellation of the registered trademark.
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