During the marriage, the couple established a company or individual business owner, and applied for trademark registration in the name of the company or individual business owner and became the trademark holder, or one or both spouses The trademark was applied for registration in the name of the other party. At the time of the divorce, the trademark had become a well-known trademark or had a high reputation. Now both parties claim ownership of the trademark. If both parties use the company as the trademark registrant, there will be no problem of husband and wife, and the trademark ownership should belong to the company. However, when dividing marital property, if you continue to own the property rights of the company, you must give the other party appropriate compensation for the economic benefits of this trademark. But when one party asks the court to rule that it continues to enjoy the license to use the trademark, it is a legal problem. Especially since both parties have contributed to the formation and fame of the trademark. If one party does not agree to the other party's use, can the court permit its use in the form of a judgment? We believe that trademark rights include two aspects: the right to use and the right to prohibit. The right to use means that the trademark owner can independently use the trademark on the goods approved by the registered trademark and obtain economic benefits, or he can also use it according to his own wishes. , transfer the registered trademark to others or license others to use it. In fact, licensing others to use is an aspect of the right to use a trademark. Since it is the right to use, the court can decide to allow one party to use it based on the relevant theories of civil law.

Legal Basis

Article 57 of the "Trademark Law of the People's Republic of China" Any of the following acts shall constitute an infringement of the exclusive right to use a registered trademark: (1) Using a trademark that is the same as its registered trademark on the same kind of goods without the permission of the trademark registrant; (2) Using a trademark that is similar to its registered trademark on the same kind of goods without the permission of the trademark registrant, or using it on similar goods Using a trademark that is the same as or similar to its registered trademark on the Internet, which is likely to cause confusion; (3) selling goods that infringe the exclusive rights of registered trademarks; (4) forging or making without authorization the registered trademark signs of others or selling forged or making without authorization registered trademark signs ; (5) Changing the registered trademark without the consent of the trademark registrant and putting the goods with the changed trademark back into the market; (6) Deliberately providing facilities for infringing the exclusive rights of others' trademarks and helping others to infringe the exclusive rights of trademarks Behavior; (7) Causing other damage to the exclusive right to use registered trademarks of others. Article 58 of the "Trademark Law of the People's Republic of China" uses someone else's registered trademark or unregistered well-known trademark as a trade name in a company name, misleading the public and constituting unfair competition. According to the "People's Republic of China Trademark Law" *Handling with the Anti-Unfair Competition Law of the People's Republic of China.