The right to exclusive use of a trademark refers to the right of a trademark registrant to control and prohibit others from infringing on its registered trademark after the trademark is approved and registered according to law, including the right to exclusive use, disposition, pledge, renewal, prohibition of others' infringement and inheritance.
Ways to protect the exclusive right to use a trademark: the trademark owner shall go through the registration formalities according to law, and the scope of protection is limited to the trademarks approved by relevant laws and the goods approved for use. And it is necessary to obtain the exclusive right to use a trademark on goods outside the approved scope of use, it shall apply for registration separately.
Article 4 of the Trademark Law of People's Republic of China (PRC), if a natural person, legal person or other organization needs to obtain the exclusive right to use a trademark for its goods or services in production and business activities, it shall apply to the Trademark Office for trademark registration. The application for registration of a malicious trademark that is not intended to be used shall be rejected.
The provisions of this Law on commodity trademarks shall apply to service trademarks.
Article 22 An applicant for trademark registration shall fill in the category and name of the goods using the trademark in accordance with the prescribed commodity classification table and apply for registration.
An applicant for trademark registration may apply for the registration of the same trademark for many kinds of goods through one application.
Applications for trademark registration and other relevant documents may be submitted in written form or in the form of data messages.
Article 25 Where an applicant for trademark registration applies for trademark registration in China for the same commodity with the same trademark within six months from the date of the first application for trademark registration in a foreign country, he may enjoy the priority according to the agreement signed between the foreign country and China or the international treaty to which * * * is a party, or according to the principle of mutual recognition of priority.
Where priority is claimed in accordance with the preceding paragraph, a written statement shall be made when filing an application for trademark registration, and a copy of the first application for trademark registration shall be submitted within three months; Failing to submit a written statement or a copy of the trademark registration application documents within the time limit shall be deemed as not claiming priority.
Article 3 Trademarks approved for registration by the Trademark Office are registered trademarks, including commodity trademarks, service trademarks, collective trademarks and certification trademarks; Trademark registrants enjoy the exclusive right to use trademarks and are protected by law.
The term "collective trademark" as mentioned in this Law refers to a sign registered in the name of a group, association or other organization for members of the organization to use in business activities, so as to show the membership of users in the organization.
The term "certification trademark" as mentioned in this Law refers to a mark controlled by an organization with the ability to supervise goods or services and used by units or individuals outside the organization to prove the origin, raw materials, manufacturing methods, quality or other specific qualities of the goods or services.
Special matters concerning the registration and management of collective trademarks and certification trademarks shall be stipulated by the administrative department for industry and commerce of the State Council.