Trademark registration refers to the legal fact that a trademark user applies to the State Trademark Office (the Trademark Office of the State Administration for Industry and Commerce) for the registration of the trademark he uses in accordance with the conditions and procedures prescribed by law, and the registration is approved by the State Trademark Office according to law. In China, trademark registration is the premise of trademark protection and the legal basis for determining the exclusive right to use a trademark. Once a trademark user is approved for trademark registration, it means that he has obtained the exclusive right to use the trademark and is protected by law.
The rights enjoyed by a trademark registrant mainly refer to the exclusive right to use a registered trademark.
The exclusive right to use a trademark includes:
1. Right to use: A trademark registrant has the right to use the trademark on the goods and services approved for use by its registered trademark, and to use the trademark in related business activities.
2. Exclusive right: A trademark registrant enjoys the exclusive right to its registered trademark, and no other person may use the same or similar trademark on the same or similar goods or services without authorization.
3. Licensing right: A trademark registrant has the right to license others to use its registered trademark by signing a trademark licensing contract according to law.
4. Prohibition right: Trademark registrants have the right to prevent others from using the same or similar trademarks on the same or similar goods or services without authorization.
5. Creation of mortgage: Trademark registrants have the right to create mortgage with their registered trademarks in business activities.
6. Right of contribution: Trademark registrants have the right to contribute their registered trademarks as intangible assets in accordance with legal provisions and procedures.
7. Right of assignment: Trademark registrants have the right to assign their registered trademarks to others with or without compensation through legal procedures.
8. Inheritance right: As intangible property, trademarks can be inherited by their legal heirs in the order of inheritance.
China's Trademark Law stipulates that a trademark approved by the Trademark Office is a registered trademark, and the trademark registrant enjoys the exclusive right to use the registered trademark and is protected by law.
trade mark registration