There are three principles to obtain trademark rights:

1. The principle of use, that is, the principle of obtaining trademark rights by use, means that trademark rights are naturally generated by the use of trademarks, and trademark rights are established according to the fact of trademark use.

2, the principle of registration

The principle of registration, that is, the principle of obtaining the trademark right by registration, means that the trademark right is established due to the fact of registration, and only a registered trademark can obtain the trademark right.

3. Mixed principle

The mixed principle, that is, the compromise principle, refers to the fact that both use and registration are taken into account when determining the establishment of a trademark right. A trademark right can be established because of both registration and use.

characteristics of trademark rights

exclusivity

also known as exclusivity or monopoly, means that a trademark registrant has exclusive right to use its registered trademark. The basic purpose of giving the owner of a registered trademark exclusive use right is to establish a fixed relationship between a specific trademark and a specific commodity through registration, so as to ensure that consumers can avoid confusion and receive accurate information on the source of the commodity. In other words, all unauthorized use in business will constitute an infringement of the exclusive right to use a trademark. This exclusive right is manifested in three aspects:

timeliness

refers to the effective period of the exclusive right to use a trademark. Within the term of validity, the exclusive right to use a trademark is protected by law, and it will no longer be protected by law if it is not renewed after the term of validity. The trademark laws of various countries generally stipulate the term of protection of the exclusive right to use a trademark. Some countries stipulate a longer period, while others stipulate a shorter period, ranging from twenty years to seven years, and most of them are ten years.

: The exclusive right to use a trademark is an intangible property right. The whole of the exclusive right to use a trademark is an intellectual achievement, which embodies the painstaking efforts and labor of the obligee. Intellectual achievement is different from tangible material wealth. Although it needs to be represented by a certain carrier, the carrier itself does not have much economic value, and only the intellectual achievement contained in the carrier can reflect great economic value.

legal analysis: article 28 of the trademark law of the people's Republic of China, the trademark office shall complete the examination of the trademark applied for registration within nine months from the date of receiving the application documents for trademark registration, and make a preliminary examination and announcement if it meets the relevant provisions of this law.