There are three principles for obtaining the trademark right:

(1) The principle of use

The principle of obtaining the trademark right by use means that the trademark right is naturally generated by the use of the trademark, and the trademark right is established according to the fact that the trademark is used.

(2) the principle of registration

the principle of registration, that is, the principle of obtaining the trademark right by registration, means that the trademark right is established due to the fact of registration, and only a registered trademark can obtain the trademark right.

(3) mixed principle

mixed principle, that is, compromise principle, refers to the fact that both use and registration are taken into account when determining the establishment of trademark rights. Trademark rights can be established because of registration or use.

Extended information:

In China, the acquisition of trademark rights is based on the principle of registration. Therefore, trademark rights are actually exclusive rights applied by trademark owners and confirmed by the State Trademark Office, that is, exclusive rights arising from trademark registration.

There are two ways to obtain trademark rights:

(1) 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.

(2) 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.

Baidu Encyclopedia-Acquisition of Trademark Rights