The exclusive right to use a registered trademark refers to the executive right to the trade mark which has been approved to register by the Trademark Office for registrant. After being approved by legal procedures,the onwer of trade mark becomes registerer of trade mark, and gets the exclusive right to use a registered trademark enjoying the protection of law. In China, no matter whether trade mark is registered or not, can be used in commodities or service, however, he can get exclusive right to use a registered trademark unless it is approved and registered by State Bureau of Trade Mark.
Domestic enterprises and public institutions and individual-owned business can get exclusive right to use a registered trademark to their products and service by legal procedures, under this circumstance, their rights are protected by law. Foreigh enterprises or individuals¡¯ right can be protected if register in China. As for the commodities(such as medicine used by people, tobacco, etc.) stipulated by the State must be registered in order to manage freely.
International register for trademark:
As for trade mark regidtered in China, they must do international register if thery want to get the exclusive right to use a registered trademark, and there are two types: international register respectively and international register in Madrid.
Licensing of Registered Trademarks
trademark registrant, by sign a trademark license contract£¬authorize other persons to use his registered trademark. licensee shall guarantee the quality of the goods in respect of which the registered trademark is used. The trademark license contract shall be submitted to the Trademark Office for record.
Overseas companies also can do the above to use other persons¡¯ trademark, but the concerning disclosure fee must be charged in terms of stipulated regulations, what¡¯s more, this is invalid unless it is registered.
Assignment of Registered Trademarks
Trademark registrant can assign his right of trademark to others, the assignor and assignee shall jointly file an application with the Trademark Office, after getting approved, this assignment is valid.
Modification of Registered Trademarks
When the name,address etc. of trademark registrant are changing, he must send his application to Trademark Office, after approving, T rademark Office will fiel and then sen it back.