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How does a trademark registrant protect a trademark?

Trademark protection refers to the behaviors and activities that protect trademarks in accordance with the law, and also refers to the system (procedural law or substantive law) for trademark protection. So how does a trademark registrant protect a trademark? The following editor will give you some popular knowledge. 1. Rights and obligations of trademark registrants

(1) Rights of trademark registrants

The rights of trademark registrants mainly refer to the exclusive rights to registered trademarks. my country's Trademark Law stipulates that a trademark approved and registered by the Trademark Office is a registered trademark, and the trademark registrant has exclusive rights to the registered trademark and is protected by law. The exclusive right to use a trademark should include:

1. Right to use: The trademark registrant has the right to use the trademark on the goods and services approved for use by the registered trademark and to use the trademark in related commercial activities.

2. Exclusive rights: Trademark registrants have exclusive rights to their registered trademarks, and no one else may use trademarks that are identical or similar to the registered trademark on the same or similar goods or services without authorization.

3. Right to license: The trademark registrant has the right to license others to use its registered trademark by signing a trademark license contract in accordance with legal provisions.

4. Right of prohibition: The trademark registrant has the right to stop others from using the same or similar trademarks as their registered trademarks on the same or similar goods or services without authorization.

5. Establishing mortgage rights: Trademark registrants have the right to establish mortgages on their registered trademarks during business activities.

6. Investment rights: Trademark registrants have the right to invest in their registered trademarks as intangible assets in accordance with legal provisions and legal procedures.

7. Right to transfer: Trademark registrants have the right to transfer their registered trademarks to others with or without compensation through legal procedures.

8. Inheritance rights: As intangible property, trademarks can be inherited by their legal heirs according to the order of property inheritance.

(2) Obligations of the trademark registrant

1. The trademark registrant shall be responsible for the quality of the goods or services for which the registered trademark is used. When licensing others to use its registered trademark, the quality of the goods or services on which the licensee uses its registered trademark shall be supervised.

2. Trademark registrants should strictly follow the relevant provisions of trademark laws and use their registered trademarks correctly. 2. Issues that should be paid attention to when using trademarks

(1) Registered trademarks should be used strictly in accordance with the approved registered trademark and the approved goods or services on the "Trademark Registration Certificate".

(2) The trademark registrant shall not change the text, graphics or combination of the registered trademark on his own initiative; he shall not change the name, address or other registration matters of the registered trademark on his own initiative.

(3) If a trademark registrant uses its registered trademark beyond the scope of goods or services approved in the "Trademark Registration Certificate" and indicates the registered mark, it is an illegal act of passing off a registered trademark.

(4) The trademark registrant shall not transfer the registered trademark by himself.

(5) The trademark registrant has the obligation to use the registered trademark. If a registered trademark ceases to be used for three consecutive years from the date of approval, the trademark may be revoked according to law.

(6) If a trademark registrant allows others to use its registered trademark, it must sign a trademark license contract. The licensor shall submit a copy of the contract to the Trademark Office for filing of the trademark license contract within 3 months from the date of signing the license contract. 3. Ways to protect the exclusive right to use a trademark

(1) Administrative way

For infringement of the exclusive right to a registered trademark, the infringed party may complain to the industrial and commercial administrative agency at or above the county level. Request the industrial and commercial administrative authorities to investigate and deal with infringement cases. The industrial and commercial administration authorities will handle infringement cases that have not yet constituted a crime administratively, and transfer infringement cases that are suspected of constituting a crime to judicial organs to investigate the criminal liability of the infringer. If the party concerned is dissatisfied with the decision of the industrial and commercial administrative agency, he may file a lawsuit in the People's Court within 15 days after receiving the notice. If no lawsuit is filed and performance is not performed upon expiration of the time limit, the relevant industrial and commercial administrative authorities shall apply to the People's Court for compulsory enforcement.

(2) Judicial channels

For infringement of the exclusive rights of registered trademarks, the infringed party can also directly bring a lawsuit to the People's Court. The People's Court protects the legitimate rights and interests of trademark owners through trial procedures. 4. Administrative Complaints about Trademark Infringement

According to the provisions of the Trademark Law, anyone who infringes upon the exclusive right to use a registered trademark may lodge a complaint with the industrial and commercial administration authority at or above the county level where the infringer is located or where the infringement occurred, or Report. The industrial and commercial office is an agency dispatched by the county-level industrial and commercial administration agency and can accept complaints from complainants. Complaints should generally be in writing, specifying the relevant circumstances and providing relevant evidence, such as the name and address of the suspected infringer, the place where the alleged infringement occurred (the place where it was discovered), the allegedly infringing trademark logo or items (photos, photocopies), etc. . At the same time, the complainant can also make a complaint to the industrial and commercial administration authority by phone. If a trademark registrant files a complaint to the industrial and commercial administrative agency and requests protection of its trademark exclusive rights, it shall submit a written complaint application and attach its valid certificate of rights. After the industrial and commercial administration authorities have filed and handled the case complained by the trademark registrant, they shall notify the complainant of the handling results. Extended reading:

Methods to expand the scope of trademark protection

Many companies think that registering a trademark will be enough, and they also think that they can meet future development. There are also some companies that do not know that the products/services they are currently operating, or are preparing to operate or operate in the future, have been preemptively registered by others. These problems are all due to the companies themselves not having a deep understanding of trademark protection. It is suggested that if the company does not have such personnel who can manage intellectual property affairs, it can consider entrusting a professional trademark firm with full authority to manage the matter to avoid unnecessary troubles.

Enterprises must promptly expand trademark protection based on their current situation and future market. Expanding the protection scope of your registered trademark will not only better protect your brand rights, but also continuously enhance the intrinsic value of your brand through business operations.

For example, Company A produces a variety of goods, but only applies to register a trademark in the 0701 group of the seventh category. In fact, the company also has its own products in other groups in the seventh category. When others infringe on the products of these groups, it is difficult for Company A to obtain protection from its functional departments.

For example, Company B applied to register a drug trademark in the fifth category of goods. Later, Company B also used the drug trademark when producing beverages and printed the trademark logo on the packaging box. As a result, the functional department was ordered to use the drug trademark? Penalty will be imposed on the grounds of counterfeiting a registered trademark.

Registering a trademark is a direct reflection of an enterprise’s implementation of its trademark strategy. Reasonable trademark registration must not only ensure that the enterprise has the exclusive right to use the trademark, pave the way for the enterprise’s products to enter the market smoothly, but also exercise the right to prohibit trademarks to avoid the intangible assets of the enterprise. Be infringed and protect the market development of products and the development of enterprises.

It can be seen that enterprises’ application for registered trademarks cannot be limited to the industries currently involved. In order to effectively prevent corporate brand resources from being shared or destroyed, companies should also promptly register defensive trademarks, that is, register identical or similar trademarks in related or different categories, in line with "multiple trademarks for one type of goods" and "unification of multiple types of goods" The development trend of trademarks? Trademark registration is the first step to implement brand strategy