What rights does the trademark owner have to use the trademark?

The trademark owner has the following rights to use the trademark: the exclusive right to use the trademark within the scope of application for registration; the right to transfer the registered trademark; the right to license the use of the trademark; the right to prohibit others from using the trademark; and other rights. Regarding the question of what rights the trademark owner has to use the trademark, the editor of Legal Savior Network will answer it in detail for you below.

1. What rights does the trademark owner have to use the trademark?

Trademark owner It has the following rights to use trademarks:

1. Within the scope of application for registration, it has the exclusive right to use its trademark;

2. The right to transfer a registered trademark;

3. The right to license the use of a trademark;

4. The right to prohibit others from using the trademark;

5. Other rights.

6. Legal basis: Article 42 of the "Trademark Law of the People's Republic of China"

If a registered trademark is transferred, the transferor and the transferee shall sign a transfer agreement and jointly submit an application to the Trademark Office. The transferee shall ensure the quality of the goods using the registered trademark.

When a registered trademark is transferred, the trademark registrant shall be responsible for the similar trademarks registered on the same goods, or the same or similar trademarks registered on similar goods. , should be transferred together.

For transfers that are likely to cause confusion or have other adverse effects, the Trademark Office will not approve the transfer and will notify the applicant in writing and explain the reasons.

After the transfer of a registered trademark is approved, it will be announced. The assignee shall enjoy the exclusive right to use the trademark from the date of announcement.

2. What are the rights and obligations in trademark license?

1. Generally speaking, the trademark licensor and the licensee are the two parties entering into a trademark licensing contract, and their rights and obligations are established between them in accordance with the law, and are stipulated in the content of the trademark licensing contract.

2. In practice, the main rights and obligations of the trademark licensor are: the licensor has the right to collect trademark license fees in accordance with the contract; Supervise the licensee’s right to use the licensed trademark in accordance with the contract; and the right to withdraw the right to use the trademark and pursue corresponding legal liability if the licensee seriously violates the contract.

At the same time, the licensor has the obligation to provide true and legal licensed trademarks in a timely manner; it has the obligation to ensure that the licensee is not subject to any trademark infringement accusations and to protect the exclusive rights of the trademark; for exclusive licenses, the licensor himself The use should be stopped and no longer allowed to be used by others; for exclusive license, the licensor shall not sublicense the licensed trademark to others.

The trademark owner shall enjoy the exclusive right tothe trademark,the right to transfer the registered trademark,The right to license the use of the trademark andthe right to prohibit others from using the trademark,I hope the above content will 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.