Many people thought that there is no more step to take after getting the certificate of registration for trademark. However, this is not true. Trademark disputes arise for many reasons, but after all the inappropriate use of trademark by the trademark applicant is to be blamed. If we would like to know how to use the trademark appropriately, we should first understand the rights enjoyed by successful trademark applicants.
1.Right to use; 2. Right to grant a licence to another person to use trademark; 3. Right to exclusive use; 4. Right to make investment; 5. Right to assign; 7. Right to pledge; 8. Right of inheritance
There are 8 kinds of rights owned by the applicant after obtaining the trademark registration. What should the applicant pay special attention to when using the trademark?
- The name and address of the registrant, and other registration particulars should not be amended unless the registrant has applied to the Office for amendment in a timely manner.
- If the trademark registrant uses the trademark on products or services not within the scope of registration, it is an illegal act of claiming an unregistered trademark as registered mark.
- Registered trademark should strictly adhere to the approved representation and be used on approved scope of products and services on the Certificate of Registration for Trademark.
- The font, graphic or combination of the registered trademark must not be amended unless the registrant submits a new the registration application in accordance with the law.
- Trademark registrant has the right to assign the trademark to other people. The assignor and assignee should sign an agreement and apply to the Office for recording the assignment. The right to use trademark will be assigned to the assignee once the Office approves and issues the Certificate of Approved Trademark Assignment.
- The registered trademark has a valid for each period of 10 years. If the registrant needs to continue to use it beyond the said period, he should make an application to the Office for renewal in good time.
- Trademark registrants have a duty to use the registered trademark. If it is not used for three consecutive years from the date of approval without a legitimate reason, everyone has a power to raise cancellation of registration.
- Registered trademark can undergo a valuation and pledge. If it is pledged, the pledger and pledgee have to sign a contract of pledge and apply to the Office. The Office will then make an announcement.
- Trademark registrants can authorize other people to use their trademarks by signing a trademark licensing contract. The licencor should file the contract to the Office within the valid period of contract, and announced by the Office. The licence cannot be enforced against any bona fide third party if it is not filed. The licencee should ensure the quality of the products which the trademark is used on. The Licencee must specify his name and place of production on the products with the registered trademark.
- Registered trademark is an intangible asset. It can last forever if the registrant renews it every 10 years.
After granting the Certificate, the registrant should use the trademark appropriately and sustainability in order to utilize it to the fullest. We hope that everyone learns from the information above, and protect your own trademark rights.