The content of the exclusive right to use a trademark includes the right to use and the right to prohibit.

the trademark right is the right that the civil subject enjoys to use a specific mark exclusively for the purpose of distinguishing the source of a specific commodity or service. Trademark rights can be obtained in two ways: through use and through registration. Obtaining a trademark right through registration is also called the exclusive right to use a registered trademark.

In China, trademark registration is the way for Keener to obtain trademark rights. Article 3 of the Trademark Law stipulates that "a trademark approved and registered by the Trademark Office is a registered trademark, and the trademark registrant enjoys the exclusive right to use the trademark and is protected by law."

the types of the subject of trademark rights

take the form of the subject as the standard, and the subject of trademark rights is divided into natural persons, legal persons and other organizations. The Trademark Law stipulates that natural persons, legal persons or other organizations are engaged in production and business activities.

if it is necessary to obtain the exclusive right to use a trademark for its goods or services, it shall apply to the Trademark Office for trademark registration. Two or more natural persons, legal persons or other organizations may apply to the Trademark Office for the registration of the same trademark, and both enjoy and exercise the exclusive right to use the trademark.

according to the way of obtaining trademark rights, the subject of trademark rights can be divided into the original subject and the successor subject. The original subject is the trademark registration applicant approved and registered by the trademark administrative department, and the successor subject is the subject who obtains the trademark right through inheritance and assignment.

conditions for obtaining a trademark

to obtain registration, a trademark must meet the conditions prescribed by law. China's trademark law not only stipulates the components and registration conditions of trademarks from the front, but also lists the signs that cannot be used as trademarks and cannot be registered as trademarks from the back. Trademark registration should have four elements: legality, distinctiveness, nonfunctional and not conflicting with the prior rights and interests of others.

restriction of rights

the protection of registered trademarks by trademark law is not absolute, and some acts of using words or graphics identical or similar to registered trademarks do not belong to the use behavior in the sense of trademark law.

article 48 of the trademark law stipulates that the use of trademarks mentioned in this law refers to the use of trademarks in commodities, commodity packages or containers and commodity trading documents, or in advertising, exhibitions and other commercial activities to identify the source of commodities.

this means that if others do not use the same or similar content as the trademark to identify the source of the goods, it is not the use of the trademark, and naturally it cannot constitute infringement. In addition, although some acts involve the use of the identification function of trademarks, they are based on legitimate reasons or purposes and do not constitute infringement: