Legal analysis: There are two ways to obtain trademark rights: original acquisition and derivative acquisition. The original acquisition of trademark rights, also known as the direct acquisition of trademark rights, refers to the creation of trademark rights, which is not based on the existing trademark rights of others, nor on his will; The derivative acquisition of trademark rights, also known as the transmission and acquisition of trademark rights, refers to the acquisition of trademark rights based on the existing trademark rights of others and the will of others.

Legal basis: Trademark Law of the People's Republic of China

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. An application for registration of a malicious trademark that is not intended for use shall be rejected.

article 23 where a registered trademark needs to obtain the exclusive right to use the trademark on goods outside the approved scope of use, a separate application for registration shall be filed.