The rights enjoyed by trademarks include:
The rights of the trademark owner mainly include the exclusive right to use the registered trademark (the most basic core right in trademark rights), the right of prohibition (the prohibition on Use on similar or similar goods), licensing rights (signing a license contract and allowing others to use it), transfer rights (the act of assigning trademark rights to others), etc.
The conditions that need to be met when applying for registered trademarks are as follows:
1. The applicant must be the owner of the trademark applied for recognition, and be a natural person, legal person or other organization within the province;
2. The trademark has been used continuously for three years from the date of registration approval and continues to be valid, and there is no ownership dispute;
3. The trademark is well-known to the relevant public and is Have a high reputation in the relevant market;
4. The annual sales volume, operating income, net profit and taxation of the goods approved for use in the trademark in the past three years and other major economic indicators are leading in the same industry in the province;< /p>
5. The applicant has a good reputation, has a complete trademark management organization and trademark management system, and has no illegal activities in the past three years;
6. The goods approved for use by the trademark are exported For goods, the trademark should be registered in the relevant country or region and have a wide sales area.
In summary, trademark rights include exclusive rights, prohibition rights, licensing rights and transfer rights.
Legal basis:
Article 42 of the Trademark Law of the People's Republic of China
If a registered trademark is transferred, the transferor and the transferee shall The person should sign a transfer agreement and file an application with the Trademark Office at the same time. The transferee shall ensure the quality of the goods using the registered trademark. When transferring a registered trademark, the trademark registrant shall transfer all similar trademarks registered on the same goods, or identical or similar trademarks registered on similar goods. For transfers that are likely to cause confusion or have other adverse effects, the Trademark Office will not approve the transfer and will notify the applicant in writing and explain the reasons. After the transfer of a registered trademark is approved, it will be announced. The assignee shall enjoy the exclusive right to use the trademark from the date of announcement.
Article 43
A trademark registrant may authorize others to use its registered trademark by signing a trademark license contract. The licensor shall supervise the quality of the goods used by the licensee using its registered trademark. The licensee shall ensure the quality of the goods using the registered trademark. If the registered trademark of another person is used with permission, the name of the licensee and the place of origin of the goods must be marked on the goods using the registered trademark. If the licensor permits others to use its registered trademark, the licensor shall submit its trademark use license to the Trademark Office for record, and the Trademark Office shall announce it. The trademark use license shall not be used against bona fide third parties without registration.
Article 15
Without authorization, an agent or representative registers the trademark of the principal or represented person in his or her own name. If any objection is raised, registration will not be granted and use will be prohibited. A trademark applied for registration for the same kind of goods or similar goods is identical or similar to an unregistered trademark previously used by another person, and the applicant has a contract, business relationship or other relationship with the other person other than those specified in the preceding paragraph and is fully aware of the existence of the other person's trademark. If the other person raises objections, the registration will not be granted.