1、Rights and obligations of trademark registrant

    (1)Rights

    The exclusive right to use a registered trademark is limited to the trademark which has been approved for registration and to the goods in respect of which the use of the trademark has been approved.

    The exclusive right include:

    A. The right to use: trademark registrant has the right to use it at goods and services approved by CTMO in commercial activities.

    B. The exclusive right own:Any one , without authorized ,can not use the same and similar trademark at the same or similar goods or services.

    C. The right to license: trademark registrant can permit others to use its registered trademark via trademark license contract.

    D. The right to prohibit: trademark registrant has the right to stop anyone who use the same and similar trademark at the same or similar goods or services without authorized.

    E. The right to mortgage: trademark registrant has the right to the establishment of mortgage in the business activities of its registered trademark.

    F. The right to invest: trademark registrant is entitled its registered trademark as intangible assets to invest.

    G. The right to assign: trademark registrant has the right to transfer his registered trademark to others paid or unpaid.

    H. The right to inherite: trademarks as intangible assets,can be inherited by legitimate heir.

    (2) Obligations

     A. Trademark registrant shall guarantee the quality of the goods and services. Any trademark registrant may, by signing a trademark license contract, authorize other persons to use his registered trademark. The licensor shall supervise the quality of the goods in respect of which the licensee uses his registered trademark, and the licensee shall guarantee the quality of the goods in respect of which the registered Trademark is used.

    B. Trademark registrant shall use his registered trademark in proper way.

 

2、Notes

    (1) Registered trademark shall be used at goods and services approved by CTMO.

    (2) Registered trademark is altered unilaterally (that is, without the required registration).

    (3)The name, address or other registered matters concerning the registrant of a registered trademark are changed unilaterally (that is, without the required application ).

    (4) Registered trademark is assigned unilaterally (that is, without the required approval).

    (5) The use of the registered trademark has ceased for three consecutive years.

 

3、How to protect trademark exclusive right

    (1)Trademark registrant can request the administrative authority for industry and commerce for actions. Where it is established that the infringing act is constituted in its handling the matter, the administrative authority for industry and commerce handling the matter shall order the infringer to immediately stop the infringing act, confiscate and destroy the infringing goods and tools specially used for the manufacture of the infringing goods and for counterfeiting the representations of the registered trademark, and impose a fine. Where any interested party is dissatisfied with decision on handling the matter, it or he may, within fifteen days from the date of receipt of the notice, institute legal proceedings in the People's Court according to the Administrative Procedure Law of the People's Republic of China. If there have been instituted no legal proceedings or made on performance of the decision at the expiration of the said period, the administrative authority for industry and commerce shall request the People's Court for compulsory execution thereof. The administrative authority for industry and commerce handling the matter may, upon the request of the interested party, medicate on the amount of compensation for the infringement of the exclusive right to use the trademark; where the medication fails, the interested party may institute legal proceedings in the People's Court according to the Civil Procedure Law of the People's Republic of China.

    (2) Trademark registrant can institute legal proceedings in the People's Court.

 

4、Administrative complaints

    Any person can charge or report to industrial and commercial administrative for the infringement.

    Complaints should normally be taken in writing, clearly stating the situation and provide relevant evidence, such as the name of the alleged infringer, the address of the alleged infringement took place (were found), the allegedly infringing trademark or items (photographs, photostats) .

    Trademark registrant complain to the administrative department, the request to protect its trademark rights, shall submit a written complaint to apply, together with a copy of their effective right to prove.

 

    If you have intellectual property infringement, please contact us.