1. What is the content of the exclusive right to use a trademark? The exclusive right to use a trademark includes two aspects: the right to use and the right to prohibit. The right to use is the right of the trademark registrant to fully control and use its registered trademark, and the obligee also has the right to transfer the right to use the trademark to others or license others to use its registered trademark through a contract. The prohibition right is the right of a trademark registrant to prohibit others from using a registered trademark without their permission. The exclusive right to use a trademark refers to the specific rights enjoyed by the trademark owner to a registered trademark. Different from other intellectual property rights, the content of trademark exclusive right only includes property rights, and the personal rights of trademark designers are protected by copyright law.
second, how to calculate the compensation standard for trademark infringement? 1. Criteria for determining the amount of compensation (1) The amount of compensation for infringement of the exclusive right to use a trademark shall be determined according to the actual loss suffered by the obligee due to infringement; (2) if the actual loss is difficult to determine, it can be determined according to the interests obtained by the infringer due to infringement; (3) If it is difficult to determine the loss of the obligee or the benefit obtained by the infringer, it shall be reasonably determined by referring to the multiple of the trademark license fee; (4) In case of malicious infringement of the exclusive right to use a trademark, if the circumstances are serious, the amount of compensation can be determined at least once and less than three times the amount determined by the above method. The amount of compensation shall include the reasonable expenses paid by the obligee to stop the infringement. 2. If it is difficult to determine the actual losses suffered by the obligee due to infringement, the benefits gained by the infringer due to infringement, and the license fee for registered trademarks, the people's court shall award compensation of less than 3 million yuan according to the circumstances of the infringement.
3. How long is the exclusive right to use a trademark? The exclusive right to use a trademark has a term of ten years. According to the relevant laws and regulations, the validity period of trademark registration is ten years, and the calculation time is the date of approval of registration. If it is necessary to continue to use the trademark at the expiration of the term, it shall go through the corresponding renewal procedures in accordance with the law within one year before the expiration and at the latest within six months. The period of validity of a registered trademark is ten years, counting from the date of approval of registration. Where a registered trademark needs to be used continuously after its expiration, the trademark registrant shall go through the renewal procedures in accordance with the regulations within 12 months before the expiration; If it fails to be handled during this period, a six-month extension period may be granted. The validity period of each renewal registration is ten years, counting from the day after the last expiration of the trademark. If the renewal formalities are not completed at the expiration of the period, the registered trademark shall be cancelled. The Trademark Office shall announce the renewed registered trademark. The exclusive right to use a trademark consists of two aspects: the right to use and the right to prohibit. After the infringement of the exclusive right to use a trademark, the person shall be liable for compensation, and the amount of compensation shall be determined according to the actual loss of the obligee. If the actual loss is difficult to determine, the amount of compensation may be determined through consultation with the obligee. Those who maliciously infringe upon the exclusive right to use a trademark may be fined.