1. Can I use the exclusive right to use a trademark after the expiration date? Article 36 of the Trademark Law: Upon expiration of the legal period, the parties shall respond to the Trademark Office’s decision to reject the application or deny registration. If you do not apply for reexamination or file a lawsuit with the People's Court against the reexamination decision made by the Trademark Review and Adjudication Board, the decision to reject the application, the decision to deny registration, or the reexamination decision will take effect. For a trademark that is approved for registration if the objection is not established after examination, the time for the trademark registration applicant to obtain the exclusive right to trademark shall be calculated from the expiration of the three-month period from the preliminary approval announcement. From the expiration of the trademark announcement period until the decision to approve registration is made, there will be no retroactive effect on others' use of signs that are identical or similar to the trademark on the same or similar goods; however, due to the bad faith of the user Any losses caused to the trademark registrant shall be compensated. It can be seen from this that after the trademark passes the preliminary examination and after a three-month announcement period, the trademark obtains the exclusive right to use the trademark, and then it still needs to go through the stage from the expiration of the trademark announcement period to the approval of registration. Only when the trademark standard has been registered can it be Use the R mark. After the trademark enters the announcement period (that is, after receiving the notice of preliminary approval of the trademark registration application issued by the Trademark Office), it is expected that it will be R-marked in about 5 months. Normal process: The trademark registration announcement period is 3 months. About 2 to 3 months after the end of the announcement period, you will receive the trademark registration certificate issued by the Trademark Office. You can type R from the date you receive the trademark registration certificate. It is understandable. In order to hit R, you need to obtain a trademark registration certificate.

2. What does the exclusive right of trademark include? The exclusive right of trademark includes the right to use the trademark and the right to license the use of the trademark. First, let’s understand what the right to use a trademark should include: First, decide independently whether to use the trademark on your own goods or services. Since it is the right of the trademark owner, the trademark owner naturally has the right to decide whether to use the trademark on his own goods or services. The second is to decide independently how to use the trademark. The use of trademarks is diversified, including use on the goods themselves, on product packaging, on the containers of goods, on documents for commodity transactions, or on advertisements for product promotion, exhibitions or other business activities. The right to use a trademark is a private right and is the same attribute as the right pledge of intangible property rights. Secondly, learn about trademark licensing rights. Trademark licensing means that the trademark owner allows others to use the exclusive right to use the trademark and charges a usage fee, and the other person obtains the right to use the trademark and pays a usage fee. It can be seen that the right to use trademark license is also an intangible property and has great economic value. The right to use trademark licenses does not belong to the category of rights that are prohibited from being transferred. Although there is no provision in the law, it can be inferred that the right to use trademark licenses is transferable from the perspective of being beneficial to social and economic development. At the same time, the right to use trademark licenses should belong to my country's "Security Law" "Article 75, Paragraph 4, stipulates: "Other rights that may be transferred in accordance with the law." To sum up, the trademark licensing right is “pledgeable”.

3. The scope of protection of the exclusive right to use a trademark Article 51 of the Trademark Law stipulates: "The exclusive right to use a registered trademark is limited to the trademark that has been approved for registration and the goods that have been approved for use." This is specifically reflected in the following: Two aspects: (1) The protection of registration is limited to the approved registered trademark. If the trademark actually used by a person is inconsistent with the registered trademark, not only will the exclusive right to use the trademark not be effectively protected, but there may also be four consequences: First, it constitutes a voluntary change of the words, graphics or combination of the registered trademark. Illegal behavior; secondly, if the trademark that is changed by oneself is obviously different from the registered trademark and is marked with a registered mark, it constitutes an illegal act of passing off a registered trademark; thirdly, if the changed trademark is similar to someone else’s registered trademark, It will constitute an infringement of the exclusive rights of others' trademarks; fourth, the registered trademark will be revoked due to non-use for three consecutive years. (2) The protection of the exclusive right of a registered trademark is limited to the goods approved for use. If the goods actually used by the trademark registrant are inconsistent with the goods approved for use, not only will it be unable to effectively protect its exclusive rights to the trademark, but it may also bring three consequences: First, the use of the registered trademark beyond the scope of the approved goods constitutes the illegal act of passing off a registered trademark. The second is that the registered trademark has been revoked because it has not been used on the approved goods for three consecutive years; the third is that the registered trademark is used beyond the scope of the approved goods (except for goods similar to the approved goods), which constitutes infringement of the exclusive rights of others' trademarks. Behavior.

The above is a detailed introduction to the legal knowledge about whether the trademark exclusive right can be used after the expiry date, as well as the expansion of "what the exclusive trademark right includes" and "the scope of protection of the exclusive trademark right". If you have any other legal questions, please feel free to consult and we will have professional lawyers to answer your questions.