Trademark exclusive rights refer to the exclusive right granted by law to the trademark owner to use its registered trademark on designated goods or services. The trademark system is a product of the commodity economy, and it continues to develop with the development of the commodity economy. Although according to historical records, China is the first country in the world to use trademarks, it is only the bud of trademark use and is the product of trade behaviors with commercial economic overtones that appear in natural economic society.

Trademark exclusive rights

1. Timely and effective administrative protection. Compared with judicial protection, the outstanding feature is high efficiency, which has been recognized by Chinese and foreign trademark exclusive rights holders. Judging from the number of cases accepted, administrative law enforcement agencies account for about 90% of the total number of cases. Especially in terms of handling measures, administrative law enforcement agencies have the right to order suspected infringers to immediately stop their infringement activities, which is very conducive to the protection of trademark exclusive rights. In terms of case processing results, administrative law enforcement agencies generally issue administrative penalty decisions faster than judicial judgments. Even if difficult issues are involved, they need to seek instructions from higher-level administrative agencies. Since they belong to the same system, the efficiency is also very high. 2. Diversity of means Administrative law enforcement agencies can take administrative coercive measures against infringement suspects through various legal administrative law enforcement means, such as inquiry, inspection, investigation, ordering sealing, etc. The administrative penalties imposed by administrative law enforcement agencies also reflect the diversity of characteristics, including orders to immediately stop sales, confiscation and destruction of infringing trademarks, elimination of infringing trademarks on existing goods, and fines. The administrative law enforcement agency may also make a decision on ordering compensation in response to the request for compensation made by the party concerned.

3. Active flexibility: Administrative agencies implement the principle of combining "active protection based on ex officio" and "passive protection based on complaints" in the protection of exclusive rights to trademarks. The industrial and commercial administration authorities have the right to supervise and inspect the trademark use behavior of trademark users in accordance with the law, and have the right to take corresponding administrative law enforcement measures when suspicion of infringement is discovered.

4. Hierarchical management: Administrative law enforcement agencies generally investigate and handle cases of trademark infringement and counterfeiting according to the administrative regions under their jurisdiction. When a trademark owner or an ordinary consumer discovers trademark infringement or counterfeiting or other trademark violations, they generally choose to complain or report to the grassroots industrial and commercial administration authority where the violation occurred. As the national trademark authority, the Trademark Office of the State Administration for Industry and Commerce generally does not accept direct complaints from trademark owners, but is mainly responsible for the guidance, supervision, and coordination of the investigation and handling of trademark violations nationwide.

Specific contents of exclusive rights to trademarks

(1) Exclusive right to use. The trademark owner enjoys the exclusive right to use its registered trademark, and no third party has the right to use the same or similar mark with the trademark registered by the trademark owner on similar products or services.

(2) Revenue rights---licensing rights. The trademark owner has the right to obtain consideration or remuneration from the licensee by licensing the trademark to others, which is the doctrinal licensing right.

(3) Right of disposal

1. Right of transfer. The trademark owner can transfer the trademark rights to a third party, and the transfer can be paid or free of charge.

2. Capital contribution. The trademark owner can use the trademark to invest in the establishment of a company or other corporate legal person, a partnership, a sole proprietorship, etc.

3. Pledge. The trademark owner can pledge the trademark and set up a pledge of rights to guarantee his or a third party's debts.

4. Abandon trademark rights.

a Express abandonment

The trademark owner may expressly abandon the trademark rights to the Trademark Office, and the Trademark Office will cancel the registration.

b Implied abandonment

The Trademark Office cancels the trademark if the owner of the registered trademark does not use the registered trademark for three consecutive years

The trademark protection period has expired and the grace period has expired The trademark owner did not apply for renewal.