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How to determine the trademark owner and who are the trademark owners?

1. How to determine the trademark owner and who are the trademark owners

1. The trademark owner must be determined in accordance with the provisions of the "Trademark Law of the People's Republic of China". Trademark rights holders mainly include enterprises and institutions, social groups, individual industrial and commercial individuals who have obtained industrial and commercial registration in accordance with the law and can bear civil liability independently, individual partnerships, foreigners or foreign enterprises.

2. Legal basis: Article 4 of the Trademark Law of the People's Republic of China

In the course of production and business activities, natural persons, legal persons or other organizations shall not If you need to obtain the exclusive right to use a trademark, you should apply for trademark registration with the Trademark Office. Bad-faith trademark registration applications that are not intended for use shall be rejected.

The provisions of this Law regarding commodity trademarks shall apply to service trademarks.

2. What are the rights of the trademark owner?

The rights of the trademark registrant mainly refer to the exclusive right to the registered trademark. 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 in related commercial activities Use the trademark in;

2. Exclusive rights: The trademark registrant has exclusive rights to its registered trademark, and no one else may use the same or similar 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 the law; 4. Right to prohibit: prohibiting others from using the same trademark The trademark registrant has the right to stop the unauthorized use of a trademark that is the same as or similar to its registered trademark on similar goods or services;

5. Establishing mortgage rights: The trademark registrant has the right to Establish a mortgage with its registered trademark;

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 of transfer: Trademark registrants have the right to transfer their registered trademark to others with or without compensation through legal procedures;

8. Right of inheritance: Trademarks, as intangible property, can be inherited by their legal heirs in accordance with the order of property inheritance.