The Jingjia Trademark Office shall, upon approval of a registered trademark, enjoy the exclusive right to use the registered trademark. The registered trademark shall have the exclusive right to exclusive use of the registered trademark. That is, the trademark registrant shall be legally entitled to monopolize the use of the registered trademark on the approved goods and shall also have the right to prohibit the same type of goods. Or the use of an identical or similar trademark to its registered trademark on similar goods shall constitute trademark infringement regardless of intentional negligence.
(1) The exclusive right to register a trademark includes:
① Exclusive use The right to register a trademark; its registered trademark enjoys the exclusive right to use the same or similar trademark as its registered trademark for the same kind of goods or similar goods or services without the trademark registration permission;
②Right of prohibition: same kind of goods Or similar goods or services are prohibited from using the same or similar trademarks as their registered trademarks without authorization. The trademark registration right prohibits the use of the same or similar goods with the same or similar trademarks as the registered trademarks. Article 52 of the "Trademarks" : Using the same or similar goods with the same or similar trademark without the permission of trademark registration is trademark infringement and constitutes trademark infringement regardless of intentional negligence by the bank;
③Right of use; trademark registration The registered trademark is authorized to be used in approved categories of goods or services. The trademark is used in related commercial uses. The trademark is a trademark registration. The registered trademark is used for approved goods. It is used for approved product packaging, advertising, product catalogs, manuals, invoices, etc. and types of use. If there is any risk of infringement of the exclusive rights of a registered trademark, even if the registered trademark is similar to the trademark of the same or similar goods, it will be liable for infringement. It must be approved and registered by the Trademark Office and used in the category of goods approved by the "Trademark Registration Certificate";
④Disposal right; since the exclusive right to register a trademark is a private right and has the nature of property rights, the trademark registration disposal right extends the right to use, transfer, investment, pledge, etc.
⑤Permission The right to use; the right to register a trademark is permitted to use the registered trademark by signing a trademark use license contract in accordance with the law;
⑥The right to transfer; the right to register the trademark is transferred to the registered trademark for compensation or compensation through prescribed procedures;
⑥The right to use; p>
⑦Investment rights; Trademark registration rights are invested in registered trademark-shaped assets in accordance with legal provisions and in accordance with prescribed procedures;
⑧Establishment of pledge rights; Trademark registration rights are used to establish pledges of registered trademarks (see Question No. 10);
⑨Right of income; since the registered trademark has the nature of property rights, the registered trademark rights allow the use, transfer, investment, etc. to obtain income;
In addition, the trademark constitutes property With the nature of property rights, they will be inherited by their joint heirs in accordance with the order of property inheritance
As mentioned earlier, Article 3 of the "Trademark" stipulates: With the approval of the Trademark Office, a registered trademark shall enjoy the exclusive right to use a trademark and shall be protected by law. The registered trademark shall be used exclusively. The trademark office approves the registration in accordance with the prescribed procedures and obtains the "Trademark Registration Certificate" to prove that the goods for which the trademark is applied for registration enjoy the exclusive right. The trademark exclusive rights must be registered with the trademark office in accordance with the prescribed procedures and its protection basis to establish a basis to avoid confusion. That is to say, the exclusive right of trademark protection protects the two trademarks and whether they cause confusion. The evaluation criterion should be to protect the exclusive right of trademark registration to avoid trademark confusion and establish a trademark.