Trademark is a specialized legal term. After a brand or part of a brand is registered by the relevant government departments in accordance with the law, it is called a "trademark". Trademark right is the abbreviation of trademark exclusive right, which refers to the exclusive right that the trademark user enjoys in accordance with the law on the trademark used.
It is the right of a trademark registrant to control its registered trademark in accordance with the law and prohibit others from infringing upon it, including the trademark registrant’s exclusive right to use, profit, disposal, renewal and prohibition of infringement by others. right.
Trademark right is an intangible asset with economic value and can be used to pay off debts, that is, transferred according to law. According to the provisions of my country's Trademark Law, trademarks can be transferred. When transferring a registered trademark, the transferor and the transferee should sign a transfer agreement and file an application with the Trademark Office at the same time.
Characteristics of trademark rights:
1. Exclusivity
Also known as exclusivity or monopoly, it means that the trademark registrant enjoys exclusive monopoly on its registered trademark. Rights of use. The basic purpose of granting the owner of a registered trademark the exclusive right to use is to establish a fixed connection between a specific trademark and specific goods through registration, thereby ensuring that consumers can avoid confusion and receive accurate information about the source of the goods.
2. Timeliness
Refers to the validity period of the exclusive right of a trademark. Within the validity period, the exclusive right to use a trademark is protected by law. If renewal procedures are not carried out beyond the validity period, it will no longer be protected by law.
The trademark laws of various countries generally stipulate the protection period of the exclusive right to trademark. Some countries stipulate a longer period, and some countries stipulate a shorter period, ranging from twenty years to seven years. , mostly ten years. The validity period of the exclusive right to use a trademark stipulated in my country's Trademark Law is ten years.
3. Regionality
Refers to the fact that the protection of trademark exclusive rights is limited by geographical scope. The exclusive right to use a registered trademark only enjoys legal protection in the country where the trademark is registered, and non-registered countries have no obligation to protect it. If a trademark registered in my country wants to obtain exclusive trademark rights and receive legal protection in other countries, it must be registered in these countries respectively, or apply for territorial extension in the member states of the agreement through international intellectual property treaties such as the Madrid Agreement.
4. Property
The exclusive right to trademark is an intangible property right. The entire exclusive right of a trademark is an intellectual achievement, which embodies the hard work and labor of the right holder. Intellectual achievements are different from tangible material wealth. Although they need to be expressed through a certain carrier, the carrier itself does not have much economic value. What can only embody huge economic value is the intellectual achievements contained in the carrier.
5. Classification
Category refers to the categories and goods (services) approved by the Trademark Office of the State Administration for Industry and Commerce in accordance with the "Trademark Registration Application" submitted by the trademark registration applicant. Project name is reviewed and approved.