The content of exclusive trademark rights refers to the power and scope of exclusive rights of trademarks. It includes the following four specific rights:
First, the right of the registrant to use it himself. Trademark registrants have full rights to use their registered trademarks. First of all, registrants can use their registered trademarks according to their own wishes on goods or services approved by the Trademark Office without violating legal provisions, and no other person may interfere.
Secondly, the registrant has the right to advertise its registered trademark, and can also use its registered trademark for advertising.
Finally, unless the registrant’s registered trademark is canceled by the Trademark Office for violating the trademark law, or the trademark is canceled by the Trademark Office because the validity period exceeds the extension period and is not renewed, no other person may deprive the registrant of the exclusive right to use the registered trademark. , and shall not be forced to transfer the exclusive right to a registered trademark or permit others to use it.
Second, the right to exclude others from use. A trademark registrant has the exclusive right to use its registered trademark, that is, no one else may use the same or similar trademark on the same or similar goods without the registrant's permission. The use of an identical or similar trademark to the registrant's trademark on the same or similar goods without the registrant's permission constitutes trademark infringement. The registrant's right of use requires the infringer to stop the infringement and compensate the registrant for any economic losses caused thereby. , the industrial and commercial administration authorities may impose fines on infringers. If counterfeiting someone else’s registered trademark constitutes a crime, in addition to compensating the infringed party’s economic losses, criminal liability shall also be pursued in accordance with the law.
Third, transfer right. The owner of a registered trademark has the right to transfer his registered trademark with or without compensation by signing a transfer contract. Transferring a registered trademark is actually transferring the exclusive right to register a trademark. According to the provisions of my country's Trademark Law, to transfer a registered trademark, an application must be submitted to the Trademark Office, and the Trademark Office will make an announcement after approval.
Fourth, grant permission to others to use. The trademark registrant has the right to license others to use the trademark by signing a trademark license contract. According to the provisions of my country’s Trademark Law, licensed trademark use must be filed with the Trademark Office, and the text of the filing license contract must be submitted to the Trademark Advertising Section of the local Industry and Commerce Bureau for review.
Legal basis:
Trademarks approved and registered by the Trademark Office in Article 3 of the Trademark Law are registered trademarks, including commodity trademarks, service marks, collective trademarks, and certification marks; trademark registration Everyone has the exclusive right to use a trademark and is protected by law.
Article 4 of the "Trademark Law" If a natural person, legal person or other organization needs to obtain the exclusive right to use a trademark for its goods or services during production and business activities, it shall apply to the Trademark Office for trademark registration. Bad-faith trademark registration applications that are not intended for use shall be rejected.
The provisions of this Law regarding commodity trademarks shall apply to service trademarks.