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What is a trademark right?

Trademark right is the abbreviation of trademark exclusive right, which refers to the exclusive right granted by the trademark authority to the trademark owner in accordance with the law to protect the registered trademark under national law. Trademark registrants have the right to control their registered trademarks in accordance with the law and prohibit infringement by others, including the trademark registrant's exclusive use rights, income rights, disposal rights, renewal rights and the rights to prohibit infringement by others of their registered trademarks. A trademark is a commercial sign used to distinguish goods and services from different sources. It consists of words, graphics, letters, numbers, three-dimensional signs, color combinations, sounds, or a combination of the above elements.

The rights of the trademark owner mainly include the exclusive right to use the registered trademark, the right to prohibit, the right to transfer, etc.

(1) Exclusive right of use

The exclusive right of use is the most important content of trademark rights and the most basic core right in trademark rights. Its legal feature is that the trademark owner can exclusively use the approved trademark on the approved goods and obtain other legitimate rights and interests through use.

The exclusive right to use is relative and can only be used within the scope provided by law. Article 51 of my country's Trademark Law stipulates: "The exclusive right to register a trademark is limited to the trademark approved for registration and the goods approved for use." That is, a registered trademark can only be used on the goods or services approved at the time of registration. It is not as good as similar goods or services; the trademark owner is not allowed to change the sign that constitutes the registered trademark without authorization, nor is it allowed to use a trademark that is similar to the registered trademark. "

(2) Right of prohibition

The right of prohibition means that the owner of a registered trademark has the right to prohibit others from using the same or similar goods or services without his permission. Trademarks that are identical or similar to the trademark. Trademark rights have the same attributes as property ownership, that is, exclusivity without interference from others, which specifically prohibits others from illegally using, printing, and other infringements of the registered trademark. It can be seen that exclusive use. The right to use and the right to prohibit are two aspects of trademark rights.

The difference between the right to use and the right to prohibit is that they have different scopes of effect. The right to use involves the registrant’s use of the registered trademark. The right of prohibition relates to the issue of resisting the unauthorized use of a registered trademark by others without its permission. According to the provisions of my country's Trademark Law, the registrant's exclusive right to use is limited to the approved registered trademark and the approved goods. , the registrant is subject to two restrictions when exercising the right to use: first, it is limited to the goods approved for use by the trademark authority, and cannot be used for other similar goods; second, it is limited to the words and graphics approved for registration by the trademark authority, and cannot be used. Use similar words and graphics beyond the approved scope. However, the scope of the right of prohibition is different. The registrant has the right to prohibit others from using the same or similar trademarks on the same goods or similar goods without permission. That is to say, the effect of the right of prohibition involves the following four situations: first, the use of the same trademark on the same kind of goods; second, the use of a similar trademark on the same kind of goods; third, the use of the same trademark on similar goods; Fourth, use of similar trademarks on similar goods

(3) Licensing rights

Licensing rights mean that the registered trademark owner authorizes others to use its registered trademarks by signing a licensing contract. Licensing is a way for the trademark owner to exercise its rights. The licensor is the owner of the registered trademark, and the licensee has the right to use the registration within the scope and time stipulated in the contract after paying the trademark usage fee. Trademark. In essence, the online service and licensing system has positive significance for enterprises to develop horizontal alliances, leverage their advantages, expand production of brand-name goods, activate circulation, meet consumer needs, and improve social and economic benefits.

(4) Transfer rights

Assignment refers to the act by which the registered trademark owner transfers his trademark rights to others in accordance with certain conditions and in accordance with the law. Transferring trademark rights is a way for the trademark owner to exercise his rights. After the trademark right is transferred, the transferee obtains the ownership of the registered trademark, and the original trademark owner loses the exclusive right to use the trademark. That is, the transfer of the trademark right from one entity to another must be signed by both parties and shall be subject to a contract. ***Apply to the Trademark Office and it will be valid only after approval and announcement by the Trademark Office.