2. Exclusive right: A trademark registrant enjoys the exclusive right to its registered trademark, and no other person may use the same or similar trademark on the same or similar goods or services without authorization.
3. Licensing right: A trademark registrant has the right to license others to use its registered trademark by signing a trademark licensing contract according to law.
4. Prohibition right: Trademark registrants have the right to prevent others from using the same or similar trademarks on the same or similar goods or services without authorization.
5. Creation of mortgage: Trademark registrants have the right to create mortgage with their registered trademarks in business activities.
6. Right of contribution: Trademark registrants have the right to contribute their registered trademarks as intangible assets in accordance with legal provisions and procedures.
7. Right of assignment: Trademark registrants have the right to assign their registered trademarks to others with or without compensation through legal procedures.
8. Inheritance right: As intangible property, trademarks can be inherited by their legal heirs in the order of inheritance.
The termination of the trademark right is as follows
I. Cancel
Revocation refers to the legal system that the trademark office cancels a registered trademark from the trademark register because the trademark owner gives up or the protection period expires but the trademark owner does not renew it. The Trademark Office shall revoke the registered trademark and make an announcement.
The reasons for cancellation mainly include the following aspects:
1. No application for renewal of registration has been filed or the application for renewal of registration has not been approved. The term of protection of trademark rights is ten years, counting from the date of approval of registration. Where it is necessary to continue to use a registered trademark after its expiration, it shall apply for renewal of registration within six months before its expiration; If the application for extension is not submitted within this period, a grace period of 6 months may be granted. If no application for renewal is filed at the expiration of the period, its registered trademark shall be cancelled. Trademark rights are extinguished at the expiration of the protection period.
2. Give up voluntarily, that is, the trademark owner gives up the trademark right by going through the registration formalities of canceling the registered trademark. Where a trademark registrant applies to cancel its registered trademark or its trademark registration on some designated commodities, it shall submit an Application for Trademark Cancellation to the Trademark Office and return the original Trademark Registration Certificate. Where a trademark registrant applies to revoke its registered trademark or its trademark registration on some designated goods, the exclusive right to use a registered trademark or the exclusive right to use a registered trademark on some designated goods shall be terminated from the date when the Trademark Office receives the application for revocation.
3. Other reasons mainly refer to the elimination of the original trademark right subject. In one case, the main body of the trademark owner is eliminated, while the main body of the RMB heir is eliminated. When a natural person dies without an heir, or the trademark right is terminated by an enterprise or other organization without an heir, the trademark right is extinguished. On the other hand, if the owner of the original trademark has an heir, but the successor fails to go through the formalities for the transfer of the registered trademark within one year after the death or termination of the original subject, anyone can propose to cancel the registered trademark. Once the subject matter is destroyed or the successor fails to go through the transfer formalities within the specified time, the exclusive right to use a trademark shall be terminated from the date when the subject matter is destroyed.
Second, cancel.
Revocation refers to the system in which the trademark owner fails to use the registered trademark as required by law, and the trademark office revokes the registered trademark ex officio.
Articles 44 and 45 of the Trademark Law stipulate five reasons for revocation:
1. Changing the registered trademark by itself;
2. Changing the name, address or other registered items of the registered trademark registrant;
3. Transferring a registered trademark by itself;
4. Stop using it for three consecutive years;
5. Using a registered trademark, the goods are shoddy and deceive consumers.
According to the provisions of the Trademark Law and its implementing regulations, in case of any of the above-mentioned acts in Item 1, Item 2, Item 3 and Item 5, the administrative department for industry and commerce shall order the trademark registrant to make corrections within a time limit; Those who refuse to make corrections shall report to the Trademark Office to cancel their registered trademarks. Anyone who commits the above-mentioned fourth act may apply to the Trademark Office for cancellation of the registered trademark.
If the Trademark Office cancels the registered trademark due to the above circumstances, it shall make an announcement; The exclusive right to use the registered trademark shall be terminated as of the date when the Trademark Office revokes the decision. If a party refuses to accept the decision of the Trademark Office to cancel a registered trademark, he may apply to the Trademark Review and Adjudication Board for reexamination within 15 days after receiving the notice, and the Trademark Review and Adjudication Board shall make a decision and notify the applicant in writing. If a party refuses to accept the decision of the Trademark Review and Adjudication Board, he may bring a suit in a people's court within 30 days from the date of receiving the notice.
Article 46 of the Trademark Law also stipulates that within one year from the date of revocation or cancellation, the Trademark Office shall not approve an application for trademark registration that is the same as or similar to the trademark. The main purpose of this regulation is to safeguard the function of trademarks and protect the interests of consumers, and to prevent the confusion of the sources of goods (services). However, if the use of the trademark is stopped for three consecutive years, it is not prohibited. I hope I can help you adopt it.