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Legal provisions of the principle of exhaustion of trademarks
Legal subjectivity:

1, the principle of use determines the ownership of the trademark right according to the order of use of the trademark, that is, whoever uses the trademark first belongs to the trademark right of the trademark, and the person who objects to the use after the use on the grounds of "first use" may request the cancellation of its registered trademark. Using this principle to confirm the acquisition of trademark rights is beneficial to the first user and unfavorable to the owner of the registered trademark used later. This practice will make the registered trademark unstable for a long time, which is not only unfavorable to trademark management, but also difficult to find out who is the first user once a dispute occurs, which is not conducive to the handling of disputes. Therefore, at present, few countries in the world adopt this principle of acquisition. 2. The principle of registration is to determine the ownership of trademark rights according to the order of application for registration, that is, the trademark rights will be granted to those who apply for registration first. According to this principle, only the trademark registered by the Trademark Office and the trademark applicant can obtain the trademark right. Trademark registration is a legal fact. Once the trademark owner obtains the trademark right through registration, it is protected by national laws, and unregistered trademarks are not protected by law. According to this principle, if the first user of a trademark does not apply for registration in time, but is registered first by others, then it is impossible to be registered first by others without applying for registration in time, and it is impossible to obtain the trademark right of the trademark used. 3. Mixed principle This is a compromise between the use principle and the registration principle. According to this principle, as long as the enterprise or individual uses the trademark first, although it is not registered, it can oppose the same or similar registered trademark of others on the grounds of prior use within the prescribed time limit. If this confrontation is established, the registered trademark will be revoked. If the confrontation cannot be established, the trademark registrant has obtained an irrefutable and stable exclusive right to use the trademark. Some countries adopt this principle. For example, the United States, Britain, Spain and other countries all stipulate this, but the time limit is different. It is seven years in Britain, five years in America and three years in Spain. The above is the answer to the question whether the original trademark needs to be filed. From the above description, we can know that the original trademark does not need to be filed with the relevant departments. The role of trademarks is becoming more and more important. When a company conducts business activities related to its business, it is increasingly inseparable from trademark matters. We need to constantly understand relevant knowledge, avoid trademark disputes, and protect our interests through legal means when encountering related problems.

Legal objectivity:

Article 6 of the Trademark Law of People's Republic of China (PRC) requires the registration of a trademark according to laws and administrative regulations. Those who have not been approved for registration shall not be sold in the market. 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.