Who are the subjects of trademark rights?

Trademark rights are established in my country to protect the legitimate rights and interests of trademark owners. Trademark application has a very positive effect on its applicants and enterprises. So what is the subject of Trademark rights? What are the subjects of trademark rights? Today, the editor of Legal Savior Network will tell you about the subjects of trademark rights, hoping to help everyone better understand the subjects of trademark rights.

1. Subject of trademark right

The subject of trademark right is also called the trademark owner. Refers to the natural person, legal person or other organization that enjoys trademark rights in accordance with the law, including the original subject and successor subject of trademark rights. The original subject of trademark rights refers to the trademark registrant, and the successor subject refers to the natural person, legal person or other organization that obtains trademark rights through the assignment or transfer of a registered trademark in accordance with the law.

According to my country's "Trademark Law", trademark rights subjects include legally established enterprises, institutions, social groups, individual industrial and commercial households, individual partnerships and foreigners or foreign Enterprises are the holders of trademark rights.

2. Scope of trademark rights

1. The scope of trademark rights Original subject

According to the provisions of Article 4, paragraphs 1 and 2, of my country's Trademark Law, natural persons, legal persons or other organizations produce, manufacture and process If you need to obtain the exclusive right to use a trademark for the goods you select or distribute, you should apply to the Trademark Office for commodity trademark registration. If a natural person, legal person or other organization needs to obtain the exclusive right to use a trademark for the services it provides, it should apply to the Trademark Office for service trademark registration. After the trademark applied for registration is approved for registration, the trademark registration applicant becomes the trademark registrant of the registered trademark and the original subject of the trademark rights.

According to the provisions of Article 5 of my country's Trademark Law, natural persons, legal persons or other organizations may jointly apply for registration of the same trademark, and trademark registration applicants jointly apply for registration of the same trademark. After a trademark is approved for registration, the trademark registration applicant becomes the trademark registrant of the registered trademark and the original co-owner of the trademark rights.

Article 17 of my country’s Trademark Law stipulates: “Foreigners or foreign enterprises applying for trademark registration in China shall comply with the terms and conditions signed by their country of origin and the People’s Republic of China. agreements or international treaties to which we are both parties, or in accordance with the principle of reciprocity." That is to say, foreigners or foreign nationals who are the subjects of trademark rightsEnterprises must meet certain conditions, that is, the foreigner or the country where the foreign enterprise belongs and the People's Republic of China have signed an agreement related to trademarks, or both have participated in international treaties related to trademarks, or handled Chinese or Trademark registration matters for Chinese companies. If a foreigner or a foreign enterprise’s country of origin and the People’s Republic of China have not signed a trademark-related agreement, have not jointly participated in international treaties related to trademarks, and have not handled trademark registration matters for Chinese persons or Chinese enterprises, then the foreigner shall Or foreign companies cannot become the subject of my country’s trademark rights.

It should be noted that the foreigners or foreign enterprises here refer to foreigners or foreign enterprises that do not have a regular residence or business office in China.

2. Successor of trademark rights

The original subject of trademark rights can transfer its registration according to law trademark. After the natural person who is the original subject of the trademark right dies, the registered trademark can be transferred to his heir in accordance with the law; after the legal person or other organization that is the original subject of the trademark right terminates, the registered trademark can be transferred to the relevant legal person or other organization in accordance with the law. After a natural person, legal person or other organization obtains the trademark right through the assignment or transfer of a registered trademark in accordance with the law, it becomes the successor of the trademark right.

The above is some legal knowledge about the subject of trademark rights that the editor has compiled for you. To sum up, as a kind of property right, trademark right can be transferred. Therefore, the subject of trademark rights can also change. If you have other legal knowledge that you need to know, the Legal Savior Network also provides online legal knowledge consultation. Everyone is welcome to consult on legal knowledge.