First, the principle of use. The principle of use, that is, the principle of obtaining trademark rights through use, means that trademark rights are naturally generated by the use of trademarks, and trademark rights are established according to the fact that trademarks are used.
Second, the principle of registration. The principle of registration is the principle of obtaining trademark rights through registration, which means that trademark rights are established due to the fact of registration, and only registered trademarks can obtain trademarks.
Legal basis: Article 3 of the Trademark Law of People's Republic of China (PRC) is a registered trademark, including commodity trademark, service trademark, collective trademark and certification trademark; Trademark registrants enjoy the exclusive right to use trademarks and are protected by law. The term "collective trademark" as mentioned in this Law refers to a sign registered in the name of a group, association or other organization for members of the organization to use in business activities, so as to show the membership of users in the organization. The term "certification trademark" as mentioned in this Law refers to a mark controlled by an organization with the ability to supervise goods or services and used by units or individuals outside the organization to prove the origin, raw materials, manufacturing methods, quality or other specific qualities of the goods or services. Special matters concerning the registration and management of collective trademarks and certification trademarks shall be stipulated by the administrative department for industry and commerce of the State Council.
Article 4 If a natural person, legal person or other organization needs to obtain the exclusive right to use a trademark for its goods or services in production and business activities, it shall apply to the Trademark Office for trademark registration. The provisions of this Law on commodity trademarks shall apply to service trademarks.
Article 5 Two or more natural persons, legal persons or other organizations may apply to the Trademark Office for registration of the same trademark and jointly enjoy and exercise the exclusive right to use the trademark.
Article 6 Where a registered trademark is required by laws and administrative regulations, an application for trademark registration must be made. Without approval and registration, it may not be sold in the market.
Article 7 The application for registration and use of trademarks shall follow the principle of good faith. 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 Any sign that can distinguish the commodities of natural persons, legal persons or other organizations from those of others, including words, figures, letters, numbers, three-dimensional signs, color combinations, sounds and combinations of the above elements, may apply for registration as a trademark.
Article 9 A trademark applied for registration shall have distinctive features and be easy to identify, and shall not conflict with the legal rights previously obtained by others. Trademark registrants have the right to indicate "registered trademarks" or registration marks.