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What rights do trademark registrants enjoy, and how do they protect their rights?

What rights do trademark registrants enjoy and how to protect their rights? The rights of a trademark registrant mainly refer to the exclusive right to the registered trademark. my country's Trademark Law stipulates that a trademark approved and registered by the Trademark Office is a registered trademark, and the trademark registrant has exclusive rights to the registered trademark and is protected by law. The exclusive right to use a trademark should include:

1. Right to use: The trademark registrant has the right to use the trademark on the goods and services approved for use by the registered trademark and to use the trademark in related commercial activities.

2. Exclusive rights: Trademark registrants have exclusive rights to their registered trademarks, and no one else may use trademarks that are identical or similar to the registered trademark on the same or similar goods or services without authorization.

3. Right to license: The trademark registrant has the right to license others to use its registered trademark by signing a trademark license contract in accordance with legal provisions.

4. Right of prohibition: The trademark registrant has the right to stop others from using the same or similar trademarks as their registered trademarks on the same or similar goods or services without authorization.

5. Establishing mortgage rights: Trademark registrants have the right to establish mortgages on their registered trademarks during business activities.

6. Investment rights: Trademark registrants have the right to invest in their registered trademarks as intangible assets in accordance with legal provisions and legal procedures.

7. Right to transfer: Trademark registrants have the right to transfer their registered trademarks to others with or without compensation through legal procedures.

8. Inheritance rights: As intangible property, trademarks can be inherited by their legal heirs according to the order of property inheritance.

How can I protect my rights?

The purpose of applying for trademark registration is to use legal means to protect the company's trademark exclusive rights. After the company obtains the registered trademark certificate, the next step is how to protect the trademark exclusive rights. There are two main aspects of protecting trademark exclusive rights:

(1) Trademark monitoring and processing

Generally speaking, the main function of trademark monitoring is to promptly discover that others have registered the same or similar trademarks. The behavior of similar trademarks is to prevent others from registering the same or similar trademarks. The main method of monitoring is to conduct regular trademark inquiries and searches. If you find that someone else has registered the same or similar trademark for similar or similar goods or services, you must promptly file an objection with the Trademark Office in accordance with the law to prevent others from obtaining the registered disputed trademark. Like trademark registration, trademark monitoring can be implemented by yourself or entrusted to a professional agency. As for the handling after discovering the "situation", it is recommended to entrust a professional agency to handle it.

(2) Combating trademark infringement

If an enterprise discovers that others are using its registered trademark without authorization, it should take necessary measures to stop the trademark infringement in a timely manner. Depending on the circumstances, enterprises may take the following measures to combat trademark infringement.

First, industrial and commercial investigation. If the infringement is very typical, such as using the same registered trademark on the same goods, and the infringing goods are sold in supermarkets or other stores, and it is easy to obtain evidence, the company can apply to the local industrial and commercial department where the infringement was discovered for investigation and punishment. Under normal circumstances, the industrial and commercial departments will take measures to prohibit the continued sale of the infringing products and impose fines on the infringers. The advantages of industrial and commercial investigation and prosecution are low cost, simple procedures and quick results; its disadvantage is that if infringement occurs in multiple regions, complaints must be made to the local industrial and commercial departments separately, which is sometimes very cumbersome, and industrial and commercial investigation and prosecution generally cannot allow the trademark owner to obtain compensation. .

Second, trademark infringement litigation. For trademark infringement, litigation can also be filed in a court of competent jurisdiction. The advantage of civil litigation is that its effectiveness is not limited by geography. The rights holder can request compensation, but it needs to bear certain litigation costs and the period is relatively long. The purpose of trademark infringement litigation is different from general civil infringement litigation, which is to obtain compensation or compensation, but to protect the enterprise's market, and obtaining compensation is auxiliary. Trademark infringement litigation is highly professional, and it is recommended that you entrust an experienced lawyer to represent you.

The above is about what rights do trademark registrants enjoy? How can trademark registrants protect their rights? If you have other questions, you can consult Intellectual Property Rights for detailed information. Where to register trademark? Apply for trademark registration