Hello,

1. What rights does the trademark owner have?

The rights of the trademark owner mainly include the exclusive right to use the registered trademark, the right to prohibit, Licensing rights, transfer rights, etc.

(1) Exclusive right of use

The exclusive right of use is the most important content of trademark rights and the most basic core right in trademark rights. Its legal feature is that the trademark owner can exclusively use the approved trademark on the approved goods and obtain other legitimate rights and interests through use.

The exclusive right to use is relative and can only be used within the scope provided by law. Article 56 of my country's Trademark Law stipulates: "The exclusive right to register a trademark is limited to the trademark approved for registration and the goods approved for use." That is, a registered trademark can only be used on the goods or services approved at the time of registration, and It is not inferior to similar goods or services; the trademark owner is also not allowed to change the sign that constitutes the registered trademark without authorization, nor is it allowed to use a trademark that is similar to the registered trademark.

(2) Right of prohibition

The right of prohibition means that the owner of a registered trademark has the right to prohibit others from using his registered trademark on the same or similar goods or services without his permission. Identical or similar trademarks. Trademark rights have the same attributes as property ownership, that is, exclusivity without interference from others, which specifically prohibits others from illegally using, printing, and other infringements of registered trademarks. It can be seen that the right to exclusive use and the right to prohibit are two aspects of trademark rights.

(3) Licensing rights

Licensing rights refer to the right of a registered trademark owner to license others to use its registered trademark by signing a licensing contract. Licensed use is a way for trademark owners to exercise their rights. The licensor is the owner of the registered trademark. According to the contract, the licensee has the right to use the registered trademark within the scope and time stipulated in the contract after paying the trademark usage fee. In essence, the licensing system has positive significance for enterprises to develop horizontal alliances, leverage their advantages, expand the production of brand-name goods, activate circulation, meet consumer needs, and improve social and economic benefits.

(4) Transfer right

Transfer refers to the act by which the registered trademark owner transfers his trademark rights to others in accordance with certain conditions and in accordance with the law. Transferring trademark rights is a way for trademark owners to exercise their rights. After the trademark rights are transferred, the transferee obtains ownership of the registered trademark, and the original trademark owner loses the exclusive right to use the trademark, that is, the trademark rights are transferred from one entity to another. To transfer a registered trademark, a contract must be signed by both parties, and applications must be submitted to the Trademark Office at the same time. The transfer will be effective only after approval and announcement by the Trademark Office.

2. The difference between the right to use and the right to prohibit

The difference between the right to use and the right to prohibit is that they have different scopes of effect. The right of use involves the registrant's use of the registered trademark, and the right of prohibition involves resisting the unauthorized use of the registered trademark by others without his permission.

(1) According to the provisions of my country’s Trademark Law, the registrant’s exclusive right to use is limited to the approved registered trademark and the approved goods. This means that the registrant is subject to two restrictions when exercising the right to use:

1. It is limited to the goods approved for use by the trademark authority and cannot be used for other similar goods;

2 , is limited to the words and graphics approved for registration by the trademark administration authority, and similar words and graphics cannot be used beyond the scope of approval.

(2) However, the scope of the right of prohibition is different. The registrant has the right to prohibit others from using the same or similar trademarks on the same or similar goods without permission. That is to say, the effect of the right of prohibition involves the following four situations:

1. Using the same trademark on the same product;

2. Using a similar trademark on the same product ;

3. Use the same trademark on similar goods;

4. Use similar trademarks on similar goods.