Trademark right is the abbreviation of exclusive right to use a trademark, which refers to the exclusive right granted by the trademark authority to the trademark owner to protect his registered trademark by national laws. Trademark registrants have the right to control their registered trademarks and prohibit others from infringing upon them according to law, including the exclusive right to use their registered trademarks, the right to benefit, the right to dispose of them, the right to renew them and the right to prohibit others from infringing upon them. A trademark is a commercial symbol used to distinguish goods and services from different sources, which consists of words, graphics, letters, numbers, three-dimensional symbols, color combinations, sounds or the combination of the above elements. Source

exclusivity

of the Trademark Law of the People's Republic of China, also known as exclusivity or monopoly, means that the trademark registrant enjoys the exclusive right to use its registered trademark. The basic purpose of giving the owner of a registered trademark exclusive use right is to establish a fixed relationship between a specific trademark and a specific commodity through registration, so as to ensure that consumers can avoid confusion and receive accurate information on the source of the commodity. In other words, all unauthorized use in business will constitute an infringement of the exclusive right to use a trademark. This exclusive right is manifested in three aspects:

(1) The trademark registrant has the right to use his registered trademark on the goods, commodity packages or services and service facilities approved by him in accordance with the relevant provisions of the Trademark Law, and no other person may interfere;

(2) The trademark registrant has the right to prohibit any other person from using the same or similar trademark on the same or similar goods without his permission;

(3) A trademark registrant has the right to license others to use his registered trademark, or to transfer his registered trademark to others. Such license or transfer shall comply with the law and fulfill certain legal procedures.

timeliness

refers to the effective period of the exclusive right to use a trademark. Within the term of validity, the exclusive right to use a trademark is protected by law, and it will no longer be protected by law if it is not renewed after the term of validity. The trademark laws of various countries generally stipulate the term of protection of the exclusive right to use a trademark. Some countries stipulate a longer period, while others stipulate a shorter period, ranging from twenty years to seven years, and most of them are ten years. China's trademark law stipulates that the exclusive right to use a trademark is valid for ten years. Article 38 of the Trademark Law stipulates: "Where a registered trademark needs to continue to be used after the expiration of its term of validity, it shall apply for renewal of registration within six months before the expiration. If it fails to file an application within this period, a six-month grace period may be granted. If an application has not been filed at the expiration of the exhibition period, its registered trademark shall be cancelled. Each renewal of registration is valid for ten years. After the renewal of registration is approved, it will be announced. "

regionality

means that the protection of the exclusive right to use a trademark is limited by the geographical scope. The exclusive right to use a registered trademark only enjoys legal protection in the country where the trademark is registered, and the non-registered country has no obligation to protect it. If a trademark registered in China wants to obtain the exclusive right to use a trademark in other countries and be protected by law, it must be registered in these countries respectively, or apply for territorial extension in the member countries of the agreement through international intellectual property treaties such as the Madrid Agreement.

Property

The exclusive right to use a trademark is an intangible property right. The whole of the exclusive right to use a trademark is an intellectual achievement, which embodies the painstaking efforts and labor of the obligee. Intellectual achievement is different from tangible material wealth. Although it needs to be represented by a certain carrier, the carrier itself does not have much economic value, and only the intellectual achievement contained in the carrier can reflect great economic value. For example, the trademarks of Coca-Cola and Quanjude are not expensive things, but the trademarks themselves have extremely high economic value. After evaluation, the value of Coca-Cola reached more than 7 billion dollars, while the evaluation value of Quanjude as a national brand in China in 25 was 1.634 billion yuan. Through the evaluation of trademark value, these trademarks can become part of the enterprise's capital contribution as intangible assets.

categories

categories, the Trademark Office of the State Administration for Industry and Commerce shall examine and approve the categories and commodity (service) project names approved in the Application for Trademark Registration submitted by the trademark registration applicant. The scope of protection of registered trademarks is limited to the approved categories and items. Based on the International Classification of Trademarked Goods and Services provided by the World Intellectual Property Organization, the Classification Table of Similar Goods and Services formulated by the State Trademark Office divides goods and services into 45 categories. Only one trademark owner is allowed to own the same or similar trademarks in the same or similar categories and goods (services) items, and different rights holders are allowed to enjoy the same or similar trademarks in different and similar categories.