Current location - Trademark Inquiry Complete Network - Trademark inquiry - How to obtain the exclusive right to use a trademark
How to obtain the exclusive right to use a trademark
Legal analysis: There are two ways to obtain the exclusive right to use a trademark: 1. The original acquisition of registered trademark rights can be obtained through registration or use. 2. If a registered trademark is obtained by transfer, the ownership can be transferred through a contract.

Legal basis: Article 42 of the Trademark Law of People's Republic of China (PRC) assigns a registered trademark, the assignor and the assignee shall sign an assignment agreement and file an application with the Trademark Office. The transferee shall guarantee the quality of the goods using the registered trademark.

Where a registered trademark is transferred, the trademark registrant shall transfer the similar trademark registered on the same commodity or the same or similar trademark registered on similar commodities together.

The Trademark Office shall not approve the assignment that is likely to cause confusion or have other adverse effects, and shall notify the applicant in writing and explain the reasons.

After the transfer of a registered trademark is approved, it shall be announced. The transferee shall enjoy the exclusive right to use the trademark from the date of announcement.