Moreover, there are different ways of obtaining trademark rights. The ways to obtain trademark rights can be divided into the following two types:

1. Original acquisition and subsequent acquisition. The original acquisition of trademark rights, also known as the direct acquisition of trademark rights, means that the trademark right is created, and its creation is not based on the existing trademark rights of others, nor is it based on his will.

2. The inherited acquisition of trademark rights, also known as the transfer of trademark rights, refers to the acquisition of trademark rights based on the existing trademark rights of others and the will of others.

Extended information:

Characteristics of trademarks

Exclusivity

Also known as exclusivity or monopoly, it refers to the trademark registrant Enjoy the exclusive right to use its registered trademark. The basic purpose of granting the owner of a registered trademark the exclusive right to use is to establish a fixed connection between a specific trademark and specific goods through registration, thereby ensuring that consumers can avoid confusion and receive accurate information about the source of the goods.

In other words, any unauthorized use in commerce will constitute an infringement of the exclusive right to use a trademark. This exclusive right manifests itself in three aspects:

(1) The trademark registrant has the right, in accordance with the relevant provisions of the Trademark Law, to use its registered trademark on goods, product packaging, or packaging for which it has approved use. No one else may interfere with services and service facilities;

(2) The trademark registrant has the right to prohibit any other person from using the same or similar trademark on the same or similar goods without its permission. Trademark;

(3) The trademark registrant has the right to license others to use his or her registered trademark, and may also transfer his or her registered trademark to others. Such license or transfer must comply with legal provisions and fulfill certain legal requirements. formalities.

Timeliness

Refers to the validity period of the exclusive right of a trademark. Within the validity period, the exclusive right to use a trademark is protected by law. If renewal procedures are not carried out beyond the validity period, it will no longer be protected by law. The trademark laws of various countries generally stipulate the protection period of the exclusive right to trademark. Some countries stipulate a longer period, and some countries stipulate a shorter period, ranging from twenty years at most to seven years, and most of them are ten years. The validity period of the exclusive right to use a trademark stipulated in my country's Trademark Law is ten years.

Article 38 of the "Trademark Law" stipulates: "If the validity period of a registered trademark has expired and it is necessary to continue to use it, an application for renewal of registration shall be made within six months before the expiration. If the application is not submitted during this period, If an application is made, a six-month extension period will be granted. If the application is not made at the end of the extension period, the registered trademark will be cancelled. Each renewal of registration will be announced after it is approved. /p>

Regionality

It means that the protection of trademark exclusive rights is limited by geographical scope. The exclusive right to use a registered trademark only enjoys legal protection in the country where the trademark is registered, and non-registered countries have no obligation to protect it. If a trademark registered in my country wants to obtain exclusive trademark rights and receive legal protection in other countries, it must be registered in these countries respectively, or apply for territorial extension in the member states of the agreement through international intellectual property treaties such as the Madrid Agreement.

Property

The exclusive right to trademark is an intangible property right. The entire exclusive right to trademark is an intellectual achievement, which embodies the hard work and labor of the right holder. Intellectual achievements are different from tangible material wealth. Although they need to be expressed through a certain carrier, the carrier itself does not have much economic value. What can only embody huge economic value is the intellectual achievements contained in the carrier.

For example, the "Coca-Cola" trademark, "Quanjude" trademark, etc., the carriers of their trademarks: Coke, roast duck, etc. are not expensive things, but the trademark itself has extremely high economic value, "Coca-Cola" "The trademark has been evaluated to be worth more than 70 billion U.S. dollars, and "Quanjude" as China's national brand was valued at 10.634 billion yuan in 2005.

Through trademark value evaluation, these trademarks can be regarded as intangible assets and become part of the enterprise's capital contribution.

Category

Category refers to the category and product (service) name approved by the Trademark Office of the State Administration for Industry and Commerce in accordance with the "Trademark Registration Application" submitted by the trademark registration applicant. for review and approval.

The scope of protection of registered trademarks is limited to the approved categories and projects. It is based on the "International Classification of Goods and Services for Trademark Registration" provided by the World Intellectual Property Organization and the "Similar Goods and Services" formulated by the National Trademark Office. The Classification Table divides the total number of goods and services into 45 categories.

Only one trademark right holder is allowed to own the same or similar trademark in the same or similar categories and goods (services), and different right holders are allowed to own the same or similar trademark in different and similar categories. trademark.

Baidu Encyclopedia - Obtaining Trademark Rights