Trademark right, also known as trademark possession right and trademark exclusive right, is a kind of industrial property right. It refers to the exclusive right granted by the Trademark Office to the trademark owner to register the trademark under the protection of national laws. The trademark registrant or successor shall enjoy all rights to trademark registration within the statutory period.
Trademarks are commercial symbols used to distinguish the sources of different goods and services. They consist of words, graphics, letters, numbers, three-dimensional symbols, color combinations or a combination of the above elements. Trademarks are symbols in industrial activities. The function of trademark rights is mainly to maintain the order of industrial activities, which is different from the role of patent rights in promoting industrial development.
To obtain trademark ownership, formal registration procedures must be completed, and the principle of first-to-apply is implemented. The trademark authority shall legally grant the trademark owner the exclusive right to use the trademark protected by national law.
After a trademark registrant is granted trademark ownership by the trademark authority in accordance with the law, his or her trademark registration is protected by national law, and his or her trademark registration is controlled in accordance with the law to prohibit infringement by others. Excludes exclusive use rights, profit rights, disposal rights, update rights and prohibition of infringement of the rights of others.
According to the "China Trademark Law", the validity period of trademark rights is 10 years, calculated from the date of approval of registration. If the extension is renewed within six months before the expiration, if the application is not applied upon expiration, the extension can be extended for six months. Extensions can be repeated indefinitely, with each extension lasting 10 years.
Trademark right is an intangible asset. It not only has use value to the trademark owner, but also has economic value to the trademark owner. Can be used to pay off debts, i.e. transferred according to law. According to the Chinese Trademark Law, trademarks can be transferred. When transferring a trademark, the transferor and the transferee shall sign a transfer agreement and apply together.