1. What does the exclusive right to use a trademark include?
(1) exclusive use right. The trademark owner enjoys the exclusive right to use its registered trademark, and no third party may use the same or similar logo as the trademark registered by the trademark owner on similar goods or services.
(2) Income right-permission right. The right of a trademark owner to obtain consideration or remuneration from the licensee by licensing the trademark to others is a theoretical licensing right.
(3) Right of disposition
1, turn right The trademark owner may transfer the trademark right to a third party, and the transfer may be paid or unpaid.
2. Contribution. Trademark owners can use trademarks to set up companies and other enterprises as legal persons, partnerships and sole proprietorships.
3. Take an oath. The trademark owner may pledge the trademark, pledge the right of establishment, and provide guarantee for the debts of himself or a third party.
4. Give up the trademark right.
Give up explicitly
The trademark owner can give up the trademark right to the Trademark Office in an express way, and the Trademark Office will cancel the registration.
Implied waiver
If the owner of a registered trademark has not used the registered trademark for three consecutive years, the Trademark Office shall revoke the trademark.
When the trademark protection period expires, the trademark owner fails to apply for renewal beyond the grace period.
2. What are the general principles of the exclusive right to use a trademark?
Universality means that a trademark should be widely applicable. The universality of trademarks is determined by the characteristics that trademarks need to be displayed in different carriers and environments, which can be roughly divided into the following three aspects.
The universality of (1) trademarks in different environments. From the perspective of trademark recognition, trademarks are required to be enlarged or reduced, displayed in different backgrounds and environments, and used in different media and changing effects. In other words, a successful trademark, whether enlarged or reduced, whether in a short distance or a long distance, whether in a complex environment or an empty space, whether in a dynamic environment or a static environment, can ensure that viewers can identify the trademark in time and quickly.
(2) trademarks should be universal in packaging design. Trademarks should be universal in product modeling, packaging and other aspects, which requires that the modeling of trademarks should be both beautiful and practical, and attention should be paid to coordinating trademarks with specific product attributes, packaging and performance characteristics.
(3) Trademarks should be universally used in printing and publicity media. It is required that trademarks should not only be suitable for plate-making printing, but also be suitable for the reproduction process characteristics of different material carriers. For example, the image of a trademark should not only be applied to the reproduction process of metal materials such as sculpture, plastic, pottery and forging, but also to the reproduction process of self-adhesive materials and neon lights, as well as the reproduction process of TV screens.
To sum up, the exclusive right to use a trademark can only be obtained by the trademark owner. Generally speaking, exclusive rights include the right to use and the right to transfer. At the same time, there are benefits and benefits. If others infringe their own trademarks, they have the right to ask the infringer for compensation. Therefore, they must know how to protect their rights.