How to protect the registered trademark rights
1. The rights and obligations of the trademark registrant
A. The right to a trademark registrant
A trademark registrant rights mainly refers to the exclusive right to use a registered trademark of enjoy. Our country "trademark law" regulation: the trademark office approved by the registered trademark of registered trademark, the trademark registrant shall enjoy the exclusive right to use a registered trademark shall be protected by law. The exclusive use of a trademark shall include:
(1) The rights to use: the trademark registrant shall have the right to use its registered trademark approved goods and services using the trademark, in the relevant business activities of the use of the trademark
(2) The rights to exclusive: The trademark registrant to its registered trademark exclusive enjoys the exclusive rights of any other person may not be in the same or similar goods or services and unauthorized use of registered trademark identical or similar trademarks.
(3) The rights to permission: the trademark registrant shall have the right to, in accordance with law, through the sign trademark use permission contract form, licenses another person to use its registered trademark.
(4) The rights to prohibit: to others in the same or similar goods or services with the unauthorized use of the registered trademark identical or similar trademarks behavior, the trademark registrant shall have the right to stop.
(5) The rights to set up mortgage: a trademark registrant shall have the right to in business activities with its registered trademark establishment of mortgage.
(6) The rights to Investment: the trademark registrant shall have the right to according to law, in accordance with the legal procedures will be its registered trademark as intangible assets investment.
(7) The rights of assignment : the trademark registrant shall have the right to through legal procedure will be paid its registered trademark or assigned to others.
(8)The right of inheritance: the trademark as intangible property may, in accordance with relevant property inheritance order by its lawful heir inherited.
B . Trademark registrant's obligations
a. A trademark registrant shall be on the use of a registered trademark shall be responsible for the quality of the goods or services. Licenses another person to use its registered trademark, it shall supervise the licensee to use its registered trademark of the commodity or service quality.
b. A trademark registrant shall be in strict accordance with the relevant provisions of the trademark law of the right to use its registered trademark.
2. The problem should be attention during using the trademark
a. Registered trademarks should be strictly in accordance with the Registration Certificate approved the registration of trademark use and approved the use of goods or services.
b. A trademark registrant shall not to change the registered trademark of the text, graphics or their combination; shall not change the registered trademarks registered the name, address or other registered matters.
c. A trademark registrant more than the trademark registration certificate and use of commodities or services range to use its registered trademark, and indicate the registration mark, is posing as a registered trademark of the illegal act.
d. A trademark registrant shall not to the assignment of a registered trademark.
e. A trademark registrant licenses another person to use its registered trademark, must be the sign trademark use permission contract. Licensee shall, from the license contract within 3 months as of the day, a copy of the contract will be submitted to the trademark office for trademark use permission contract for the record.
3. Trademark protection of the right ways
a. Administrative way
For the infringement of the exclusive use of a registered trademark of the behavior, the infringed party may apply to the administrative department for industry and commerce at or above the county level shall complaints, request the administrative department for industry and commerce of infringement to investigate and deal with. The administrative department for industry and commerce has not yet constitute a crime of infringement cases to make administrative processing, constitutes a crime to suspected infringement case to the judicial organ for investigation of criminal responsibility of the infringer. The administrative departments for industry and commerce treatment decision disaffected can receive notice from the people's court within 15 days from. Expiration of the party does not file suit or comply, by the relevant administrative department for industry and commerce may apply to the people's court for compulsory execution
b. Judicial way
For the infringement of the exclusive use of a registered trademark of the behavior, the infringed party may also directly to a people's court. The people's court through the trial procedure, maintain the exclusive right to use the legal rights of the people.
4. Trademark infringement administrative complaints
According to the provisions of the trademark law, for the infringement of the exclusive use of a registered trademark, anyone can the area where the infringer is located or where the infringement county level above the administrative authorities of industry and commerce charges against, or exposures. Trade and industry is the administrative department for industry and commerce at or above the county level of the dispatched institutions can accept the complainant complaints. Complaints generally should take written form, the relevant information and provide relevant evidence, such as tort suspect name, address, suspected of infringing act occurred (found), suspected of infringement of trademark signs or items (photo, copy material) and so on. At the same time, the complaina nts can also through the telephone the administrative authorities for industry and commerce complaints. A trademark registrant the administrative authorities for industry and commerce complaints, requests to protect the exclusive rights to use a trademark, it shall submit a written complaint application, at the same time, attach the effective rights proof. The administrative department for industry and commerce trademark registrant complaints to the case file processing, the result of its handling shall inform the complainant.