1. What is the content of the exclusive right of trademark?

The exclusive right of trademark includes the right to use and the right to prohibit. The right to use is the right of the trademark registrant to fully control and use the registered trademark. The right holder also has the right to transfer the right to use the trademark to others or license others to use the registered trademark through a contract. The right of prohibition is the right of the trademark registrant to prohibit others from using the registered trademark without its permission.

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Trademark exclusive rights refer to the specific rights that the trademark owner enjoys over the registered trademark. Unlike other intellectual property rights, the exclusive right to use a trademark only includes property rights, and the personal rights of the trademark designer are protected by copyright law.

2. How to calculate the compensation standard for infringement of trademark exclusive rights?

1. Criteria for determining the amount of compensation

(1) The amount of compensation for infringement of trademark exclusive rights , determined based on the actual losses suffered by the right holder due to the infringement;

(2) If the actual losses are difficult to determine, they can be determined based on the benefits gained by the infringer due to the infringement;

( 3) If it is difficult to determine the loss of the right holder or the benefits obtained by the infringer, it shall be reasonably determined by referring to the multiple of the trademark license fee;

(4) For malicious infringement of the exclusive right to use a trademark, if the circumstances are serious, the case may be determined in The amount of compensation shall be determined by more than one time and not more than three times the amount determined by the above method. The amount of compensation should include the reasonable expenses paid by the right owner to stop the infringement.

2. If it is difficult to determine the actual losses suffered by the right holder due to the infringement, the benefits obtained by the infringer due to the infringement, and the registered trademark license fee, the people's court shall decide to award 300 yuan based on the circumstances of the infringement. Compensation of less than 10,000 yuan.

3. How long is the exclusive right to use a trademark?

The exclusive right to use a trademark lasts ten years. According to relevant legal provisions, trademark registration is valid for ten years, and the calculation time is the date of approval of registration. If you need to continue to use the trademark after the expiration date, you should go through the corresponding renewal procedures in accordance with the law within one year before expiration, and within six months at the latest.

The validity period of a registered trademark is ten years, calculated from the date of approval of registration. If a registered trademark expires and needs to be continued to be used, the trademark registrant shall go through the renewal procedures in accordance with the regulations within twelve months before expiration; if it fails to do so during this period, a six-month extension period may be granted. Each renewal of registration is valid for ten years, starting from the day after the expiration of the previous term of validity of the trademark. If renewal procedures are not completed upon expiration, the registered trademark will be cancelled. The Trademark Office shall announce the renewal of registered trademarks.

Trademark exclusive rights consist of two aspects: the right to use and the right to prohibit. After infringing upon the exclusive right to use a trademark, one must bear the liability for compensation. The amount of compensation shall be determined based on the actual losses suffered by the right holder. If the actual losses are difficult to determine, the right holder may negotiate with the right holder to determine the amount of compensation. Those who maliciously infringe the exclusive rights of trademarks may be fined.