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Brand usage rights and trademark ownership

Legal analysis: Brands are divided into ownership and use rights. The right to use the foreign brand is used in the joint venture brand. It can only be used in the joint venture and cannot be obtained from you. If a joint venture creates a brand independently, its ownership belongs to both parties, and the right to use it also belongs to both parties. You are not the only one who makes the decision. Self-owned brands should be clearer, so the most a joint venture can have is its own brand. The right to use a trademark refers to the right of the trademark owner to exclusively use the approved and registered trademark on the approved goods to obtain legitimate benefits. Trademark ownership, also known as trademark possession rights and trademark exclusive rights, is a type of industrial property rights. It refers to the exclusive right granted by the trademark authority to the trademark owner in accordance with the law to protect the registered trademark under national law. Trademark registrants or rights successors have various legal rights to registered trademarks within the statutory period.

Legal basis: "Trademark Law of the People's Republic of China" Article 3 Trademarks approved and registered by the Trademark Office are registered trademarks, including commodity trademarks, service trademarks, collective trademarks, and certification marks; trademark registration Everyone has the exclusive right to use a trademark and is protected by law. The term "collective trademark" as mentioned in this Law refers to a mark registered in the name of a group, association or other organization for use by members of the organization in commercial activities to indicate the user's membership in the organization. The term "certification trademark" as used in this Law means that it is controlled by an organization with the ability to supervise certain goods or services and is used by units or individuals other than the organization to certify the origin of the goods or services. , raw materials, manufacturing methods, quality or other signs of specific quality. Special matters concerning the registration and management of collective trademarks and certification marks shall be stipulated by the industrial and commercial administration department of the State Council.