There are three principles for obtaining trademark rights:

1. The principle of use, that is, the principle of obtaining trademark rights through use, means that trademark rights arise naturally due to the use of the trademark. Established based on the fact of trademark use.

2. Registration principle

The registration principle, that is, the principle of obtaining trademark rights by registration, means that trademark rights are established due to the fact of registration, and only by registering a trademark can trademark rights be obtained.

3. Mixed principle

The mixed principle, that is, the compromise principle, means that when determining the establishment of a trademark right, both use and registration facts are taken into consideration. The trademark right can be lost due to registration. Produced or established through use.

There are two ways to obtain trademark rights:

(1) Original acquisition and inherited acquisition. The original acquisition of trademark rights, also known as the direct acquisition of trademark rights, means that the trademark right is created, and its creation is not based on the existing trademark rights of others, nor is it based on his will.

(2) The inheritance of trademark rights, also known as the transfer of trademark rights, refers to the acquisition of trademark rights based on the existing trademark rights of others and the will of others.

Methods of infringement

1. Using a similar or similar trademark to the registered trademark on the same or similar goods without the permission of the registered trademark owner;

2. Selling goods that are knowingly counterfeit registered trademarks;

3. Forging or manufacturing registered trademarks of others without authorization or selling counterfeit or unauthorized registered trademarks;

4. Intentionally providing facilities for infringement of the exclusive right to use a registered trademark;

5. Causing other damage to others’ exclusive right to use a registered trademark.

Legal basis:

"Trademark Law"

Article 31 Two or more trademark registration applicants, on the same product or similar products If you apply for registration with an identical or similar trademark, the trademark that was applied for earlier will be preliminarily reviewed and announced; if you apply on the same day, the trademark that was previously used will be preliminarily reviewed and announced, and the applications of others will be rejected and will not be announced.