1. Positive answer
The principles for obtaining trademark rights in our country are:
1. The principle of use, that is, the principle of obtaining trademark rights through use, refers to the reason for trademark rights. The trademark right arises naturally from the use of the trademark, and the trademark right is established based on the fact of trademark use;
2. The registration principle, that is, the principle of obtaining trademark rights through registration, means that the trademark right is established due to the fact of registration, and only a registered trademark can Obtain trademark rights;
3. The mixed principle, that is, the compromise principle, means that when determining the establishment of trademark rights, both use and registration facts are taken into account. Trademark rights can arise due to registration or registration. Established by use.
2. Analysis details
Original acquisition is also called direct acquisition, which is a trademark right that is directly acquired based on legal provisions, meets legal conditions and is approved by the trademark authority. The acquisition of this kind of right is the initial one, and is not based on the original trademark owner's trademark and his will. Acquisition by transmission is also called inherited acquisition, that is, the acquisition of trademark right is not initially generated, but based on the original trademark owner. Based on the trademark owner's trademark rights and his will, the trademark rights can be transferred through certain legal matters.
3. Definition of Trademark Rights
Trademark rights are the rights enjoyed by civil subjects to exclusively use specific signs on specific goods or services for the purpose of distinguishing the source. Obtaining trademark rights through registration is also called the exclusive right to register a trademark. In our country, trademark registration is the basic way to obtain trademark rights.