Have you heard of trademark exclusive rights? A trademark owner has the exclusive right to use its registered trademark. No third party is allowed to use the trademark registered by the trademark owner on similar products or services. rights to the same or similar marks. The editor below will give you a detailed introduction to the legal knowledge related to trademark exclusive rights. Methods of obtaining exclusive rights to trademarks

1. Original acquisition of registered trademark rights

Trademark registration applications can be processed directly to the Trademark Office of the China State Administration for Industry and Commerce in Beijing, or you can entrust a professional trademark agency. If the applicant is a foreigner or a foreign enterprise, he shall entrust a foreign-related trademark agency designated by the State Administration for Industry and Commerce to act as his agent.

In Shanghai, there are trademark agencies in every district. Regarding trademark agency fees (including application fees), if you apply in the name of a domestic legal person or individual, each application will cost about RMB 2,000; directly For applicants applying in the name of a foreign businessman, each application will cost approximately US$300. It generally takes 12-14 months from inquiry, application, acceptance, announcement to issuance of a trademark registration certificate. my country's Trademark Law stipulates that the validity period of a registration is 10 years, and the right holder can renew the right without interruption to extend the right indefinitely.

2. Obtained by transfer

For registered trademarks, ownership can be transferred by contract, but it must go through application, announcement and other procedures and needs to go through the Trademark Registration Office of the State Administration for Industry and Commerce. Only after the bureau has approved and obtained the "Certificate of Approval of Transfer of Registered Trademark" and the "Trademark Registration Certificate" can the exclusive right to use a trademark be obtained.

3. License to use trademark rights

This is a common way for trademark owners to allow others to use their registered trademarks. The operation procedure is relatively simple. You only need to apply to the Trademark Office. All you need to do is to file the trademark license contract.

It should be pointed out that well-known trademarks and well-known trademarks are not obtained by registration, but are independently recognized by the trademark authority in accordance with legal duties; among them, well-known trademarks must be recognized by the Trademark Office of the State Administration for Industry and Commerce, Shanghai Municipally famous trademarks are recognized by the Shanghai Administration for Industry and Commerce.

Because of its prominent status, well-known trademarks are protected by national laws and international conventions, such as protection across commodity categories, cross-border protection, cross-enterprise type protection, etc.; well-known trademarks and well-known trademarks Trademarks are closely connected and are the basis of well-known trademarks. It also enjoys extraordinary protection at home.

Related reading: Measures for the protection of exclusive rights to trademarks

1. Protection of relatively well-known trademarks. Industrial and commercial administrative agencies at all levels have always put administrative protection of relatively well-known trademarks into consideration. As the focus of our work, we will concentrate our efforts on investigating and handling major and influential cases, and focus on cracking down on trademark infringement and counterfeiting. We have implemented key protection for trademarks that are well-known and have been seriously infringed and counterfeited across the country. We have compiled a "National Key Trademark Protection Directory", which contains 280 registered trademarks of Chinese and foreign exclusive rights holders, including 24 A registered trademark of a Japanese company.

At the same time, local industrial and commercial administrative agencies have carried out targeted special protection activities based on their actual conditions. In 1999, the Trademark Office directly organized and investigated nearly 20 major trademark infringement and counterfeiting cases, which aroused strong repercussions in society and received praise from trademark owners.

2. Strengthen the supervision, coordination and guidance of the national administrative protection of trademark exclusive rights. The Trademark Office of the State Administration for Industry and Commerce adopts replies to requests for instructions from local industrial and commercial administration bureaus; replies to consultations with local judicial authorities; Provide macro guidance on the handling and supervision of major cases assigned and handled by local industrial and commercial administrative agencies; and provide macro guidance in the form of training of trademark management personnel of local industrial and commercial administrative agencies.

3. Focus on rectifying the illegal printing and trading of trademarks and logos. Local industrial and commercial administrative agencies strive to strengthen the management of the trademark printing process, carry out special law enforcement inspections on trademark printing management, and conduct special inspections on trademark printing. The enterprise undergoes a comprehensive clean-up and rectification. In 1999, 3,244 cases of illegal printing and trading of trademarks were investigated and dealt with nationwide, blocking the source of infringement and counterfeit trademarks and effectively curbing illegal activities in the trademark printing process.

4. Broaden the areas of trademark supervision. The Trademark Office of the State Administration for Industry and Commerce guides relevant local administrative bureaus for industry and commerce to implement trademark supervision on key commodity trading markets, especially for markets such as clothing and daily commodities. rectification, and sent personnel to continuously participate in the trademark supervision work of the China Guangzhou Export Commodity Fair and the National Sugar and Wine Commodity Fair, so that infringing and counterfeit goods have been curbed in the circulation link.

Local administrative agencies for industry and commerce have also established the focus of trademark supervision in commodity trading markets within their respective jurisdictions in accordance with the unified deployment of the State Administration for Industry and Commerce, and have addressed both the symptoms and root causes in protecting trademark exclusive rights.

5. Strengthen the investigation and handling of foreign-related trademark cases, and focus on protecting the rights and interests of foreign investors. Industrial and commercial administrative agencies at all levels attach great importance to the investigation and handling of foreign-related trademark cases, and severely investigate and deal with a number of trademarks that infringe the exclusive rights of foreign trademarks. Exclusive rights cases involving Japanese companies include the YKK zipper case, SONY VCD case, Panasonic battery case and Kao shampoo case.

6. Do a good job in trademark legal publicity work. Industrial and commercial administrative agencies at all levels adhere to the principle of unremitting efforts and widely publicize the protection of trademarks through various forms such as training, symposiums, knowledge contests, and distribution of promotional materials. It has achieved good social results and formed a fair and orderly market competition environment. Trademark exclusive rights