The subject of trademark right, also known as trademark owner, refers to the natural person, legal person or other organization that enjoys trademark right according to law, including the original subject and inheritance subject of trademark right.
According to Article 3 of the Trademark Law of People's Republic of China (PRC), a trademark registrant enjoys the exclusive right to use a trademark and is protected by law. The exclusive right to use a trademark includes:
1. Right to use: A trademark registrant has the right to use the trademark on the goods and services approved for use by its registered trademark, and to use the trademark in related business activities.
2. Exclusive right: A trademark registrant enjoys the exclusive right to its registered trademark, and no other person may use the same or similar trademark on the same or similar goods or services without authorization.
3. Licensing right: A trademark registrant has the right to license others to use its registered trademark by signing a trademark licensing contract according to law.
4. Prohibition right: Trademark registrants have the right to prevent others from using the same or similar trademarks on the same or similar goods or services without authorization.
5. Creation of mortgage: Trademark registrants have the right to create mortgage with their registered trademarks in business activities.
6. Right of contribution: Trademark registrants have the right to contribute their registered trademarks as intangible assets in accordance with legal provisions and procedures.
7. Right of assignment: Trademark registrants have the right to assign their registered trademarks to others with or without compensation through legal procedures.
8. Inheritance right: As intangible property, trademarks can be inherited by their legal heirs in the order of inheritance.
What are the obligations and responsibilities of trademark owners?
1. When applying for a trademark, you may not apply for a trademark that is similar to or the same as others;
2. Before registration, the person who has already used the trademark shall not be prohibited from continuing to use the trademark within the original scope of use;
legal ground
Article 59 of the Trademark Law of People's Republic of China (PRC)
A registered trademark contains the common name, figure and model of a commodity, or directly indicates the quality, main raw materials, function, use, weight and quantity of the commodity, or contains a place name, and the exclusive right holder of a registered trademark has no right to prohibit others from using it properly.
The exclusive right holder of a registered trademark of a three-dimensional mark has no right to prohibit others from properly using the shape of the commodity itself, the shape of the commodity needed to obtain technical effects or the shape that makes the commodity have substantial value.
Before the trademark registrant applies for trademark registration, if another person has used a trademark that is the same as or similar to the registered trademark and has a certain influence before the trademark registrant, the exclusive right to use the registered trademark has no right to prohibit the user from continuing to use the trademark within the original scope of use, but he may require it to attach appropriate distinctive marks.
What is the subject qualification of the trademark owner?
Article 2 of the Detailed Rules for the Implementation of the Trademark Law stipulates: "Applicants for trademark registration must be enterprises, institutions, social organizations, individual industrial and commercial households, individual partnerships and foreigners or foreign enterprises that meet the requirements of Article 9 of the Trademark Law."
1. An enterprise unit refers to an enterprise with legal personality established in accordance with the Regulations on the Administration of Registration of Enterprise Legal Persons.
2. Institution: refers to those research institutions or schools with affiliated factories or workshops, which can engage in the production and distribution of commodities. State organs, ministries and other units are not included.
3. Individual industrial and commercial households and individual partnerships: refers to individual industrial and commercial households and individual partnerships that are registered in the administrative department for industry and commerce in accordance with relevant state laws and regulations and have obtained legal qualifications.
Foreigners and foreign enterprises refer to natural persons with foreign nationality and legal persons established in accordance with foreign laws and registered in foreign countries. When applying for trademark registration in China, such applicants shall entrust a trademark agency organization designated by the State Administration for Industry and Commerce to handle it in accordance with the agreement signed between the country where they are located and China or the international treaties to which * * * is a party or the principle of reciprocity.
To apply for trademark registration for a Chinese-foreign equity joint venture established in China and registered according to law and obtained a business license, the applicant shall be determined according to the provisions of the contract and the ownership of the trademark right. If the Chinese side is the applicant, it is registered as a domestic trademark, and the subject of the trademark right is one of the above three situations; If the foreign party is the applicant, it shall be handled according to the application for registration in foreign trademark, and the subject of its trademark right belongs to the fourth case mentioned above.