The exclusive right to use a trademark refers to the exclusive right granted by law to the trademark owner to use his registered trademark on the designated goods or services. Trademark system is the product of commodity economy, which develops with the development of commodity economy. According to historical records, China is the first country to use trademarks in the world, but it is only the bud of trademark use and the product of trade behavior with commercial economy color in natural economy society.

The principles of trademark right acquisition are: use principle, registration principle and mixed principle. The principle of use refers to the natural occurrence of trademark rights due to the use of trademarks. The principle of registration refers to the fact that trademark rights are established through registration, and only registered trademarks can obtain trademark rights. The mixed principle means that both use and registration are taken into account when determining the establishment of trademark rights. Trademark rights can be established by registration or use.

The real development of China's trademark system was after China implemented the reform and opening-up policy. The establishment and perfection of Socialism with Chinese characteristics's market economy system has provided the foundation and impetus for the development of China's trademark system, especially the administrative protection of trademark exclusive rights. As an important part of intellectual property rights, trademarks have been familiar to many people. Whether it is the perfection of trademark legal theory or the improvement of trademark legal consciousness; Or the development of trademark legal system and the strengthening of trademark law enforcement, China has made remarkable achievements.

legal ground

Article 7 of the Trademark Law of People's Republic of China (PRC) shall follow the principle of good faith when applying for registration and using trademarks. A trademark user shall be responsible for the quality of the goods in which he uses the trademark. The administrative departments for industry and commerce at all levels shall stop cheating consumers through trademark management.

Article 8 of the Trademark Law of People's Republic of China (PRC) Any sign that can distinguish the goods of natural persons, legal persons or other organizations from the goods of others, including words, figures, letters, numbers, three-dimensional signs, color combinations and sounds, and the combination of the above elements, may apply for registration as a trademark.