What are the restrictions for the registrant to exercise the exclusive right to use a registered trademark

1. Time constraints. The term of the exclusive right to use a registered trademark is 10 years. If the term is not renewed, the exclusive right to use a registered trademark will be lost. Therefore, before the expiration of the exclusive right to use a trademark, the obligee should actively renew the term of the trademark.

2. Limitations on scope. The trademark registrant shall use the registered trademark on the approved goods or services. If it is used on the unapproved goods or services, it can only be protected as an unregistered trademark, with weak protection.

3. Restrictions on fair use. The trademark registrant shall not prohibit others from using the trademark reasonably. The specific circumstances of reasonable use are as follows:

(1) Another person has rightfully used the common name, figure and model of the commodity contained in the registered trademark, or directly expressed the quality, main raw materials, function, use, weight, quantity and other characteristics of the commodity, or the place name contained in the registered trademark.

(2) The shape produced by the nature of the goods in the three-dimensional sign registered trademark, or the shape of the goods needed to obtain technical effects, or the shape that makes the goods have substantial value, is used by others in the registered trademark.

(3) Before the trademark is registered, others use the same or similar trademark with certain influence on the same or similar goods.

The timeliness of trademark rights means that after being approved by the trademark registration authority, a trademark can be protected by law within the statutory period under the condition of normal use. This legal period is also called the period of protection and validity of registered trademarks. After the expiration of the validity period, if the trademark owner wishes to continue to use the registered trademark and make it legally protected, he must renew the registration in accordance with legal procedures. If the trademark is not revoked or declared invalid, the trademark registrant can protect the registered trademark indefinitely as long as it fulfills the renewal procedures on time.

The regionality of trademark rights means that the exclusive right to use a registered trademark obtained according to the laws of a country is only valid within the territory of that country, and the obligee has no right to request protection from other countries, and other countries have no obligation to protect the trademark. The trademark rights generated according to the laws of different countries are independent from each other, which reflects the principle of independence of trademark rights from another perspective.