There are usually three original ways to obtain trademark rights:

① Obtain through registration, that is, the trademark owner must apply for registration with the industrial and commercial department in order to obtain the exclusive use of the trademark Rights;

②Acquisition through use, that is, obtaining exclusive rights to a trademark through the use of the trademark. In this case, after a period of use, the trademark ownership will be obtained even without registration;

③ Obtained through a combination of use or registration. < /p>

This is the second way to obtain trademark rights:

Succession acquisition, that is, acquiring someone else’s existing trademark right through transfer. Of course, the scope of use of the acquired trademark right, the trademark The specific content of rights, etc. are based on the original rights.

Generally, inheritance and acquisition can be achieved in the following two ways:

① Both parties transferring the trademark rights shall transfer the trademark rights to the transferee with or without compensation according to the trademark rights transfer contract. Trademark rights, after the contract takes effect, the transferee will obtain the trademark rights;

② Obtained by inheritance, trademark rights are an important attribute of goods, contain certain commercial interests, have property attributes, and heirs can inherit them through legal channels The trademark rights of the decedent.

Legal basis:

"Trademark Law of the People's Republic of China"

Article 4: In the course of production and business activities, natural persons, legal persons or other organizations shall If you need to obtain the exclusive right to use a trademark for your goods or services, you must apply for trademark registration with the Trademark Office. Bad-faith trademark registration applications that are not intended for use shall be rejected.

Article 42 If a registered trademark is transferred, the transferor and the transferee shall sign a transfer agreement and submit applications to the Trademark Office at the same time. The transferee shall ensure the quality of the goods using the registered trademark.

When transferring a registered trademark, the trademark registrant shall transfer all similar trademarks registered on the same goods, or identical or similar trademarks registered on similar goods.

After the transfer of a registered trademark is approved, it will be announced. The assignee shall enjoy the exclusive right to use the trademark from the date of announcement.