China Naming Network - Eight-character query< - What is the exclusive right to use a trademark? How can I get the exclusive right to use a trademark?
What is the exclusive right to use a trademark? How can I get the exclusive right to use a trademark?
A: The exclusive right to use a trademark is the right enjoyed by a trademark registrant to its registered trademark. Trademark right is a collective concept, including trademark ownership, trademark exclusive right, trademark renewal right, trademark transfer right, trademark license right, trademark litigation right and other related rights. Among them, the exclusive right to use a trademark occupies a particularly important position. The subject of trademark right refers to the person who enjoys trademark ownership according to law. The object of trademark right refers to a trademark approved and registered by the State Trademark Office, that is, a registered trademark. Unregistered trademarks are not protected by law, so they are not the object of trademark rights. There are two ways to obtain the exclusive right to use a trademark: original acquisition and derivative acquisition. Original acquisition, also called direct acquisition, is registered income, and three principles are generally adopted internationally: use principle, registration principle and mixed principle. Derivative acquisition is also called acquisition. There are two situations: one is based on the transfer contract, and the other is based on the inheritance procedure. In China, the acquisition of trademark rights adopts the principle of registration, that is, the ownership of trademark rights is determined according to the order of application for registration. If the application date is the same day, the principle of prior use shall be implemented. Whether to use or not to use it on the same day shall be negotiated by the applicant. If negotiation fails, it shall be decided by the applicant by drawing lots or ruled by the Trademark Office under the auspices of the Trademark Office. China implements the principle of voluntary registration in trademark registration, and at the same time implements compulsory registration for a very small number of commodities. right to exclusive use of a trademark