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How to obtain trademark rights

Methods to obtain trademark rights:

1. Application for acquisition, also known as original acquisition. Mainly refers to the trademark owner who applies for trademark registration to the Trademark Office;

2. Transfer and acquisition. That is, the party concerned obtains the exclusive right to use the trademark by entering into a written transfer agreement with the trademark registrant;

3. Obtain it by other means.

Legal Basis

Article 13 of the Trademark Law of the People's Republic of China

A trademark that is well known to the relevant public, the holder believes When its rights are infringed, it may apply for well-known trademark protection in accordance with the provisions of this Law.

If a trademark applied for registration on the same or similar goods is a copy, imitation or translation of someone else’s well-known trademark that has not been registered in China and is likely to cause confusion, it will not be registered and its use will be prohibited.

Article 42

When transferring a registered trademark, the transferor and the transferee shall sign a transfer agreement and file an application with the Trademark Office at the same time. The transferee shall ensure the quality of the goods using the registered trademark.

Article 43

A trademark registrant may authorize others to use its registered trademark by signing a trademark license contract. The licensor shall supervise the quality of the goods used by the licensee using its registered trademark. The licensee shall ensure the quality of the goods using the registered trademark.