There are three principles for obtaining trademark rights:

1. The principle of use, that is, the principle of obtaining trademark rights through use, means that trademark rights arise naturally due to the use of the trademark. Established based on the fact of trademark use.

2. Registration principle

The registration principle, that is, the principle of obtaining trademark rights by registration, means that trademark rights are established due to the fact of registration, and only by registering a trademark can trademark rights be obtained.

3. Mixed principle

The mixed principle, that is, the compromise principle, means that when determining the establishment of a trademark right, both use and registration facts are taken into consideration. The trademark right can be lost due to registration. Produced or established through use.

There are two ways to obtain trademark rights:

(1) Original acquisition and inherited 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 inheritance 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

Methods of infringement

1. Without the permission of the owner of the registered trademark, using a trademark that is similar to or similar to the registered trademark on the same or similar goods. Similar trademarks;

2. Selling goods that are knowingly counterfeit registered trademarks;

3. Forging or manufacturing registered trademarks of others without authorization or selling counterfeit or unauthorized registered trademarks logo;

4. Deliberately providing facilities for infringement of the exclusive rights to registered trademarks;

5. Causing other damage to others’ exclusive rights to registered trademarks.

Termination circumstances

1. Due to the expiration of the legal validity period of the registered trademark and the failure to renew the registration, the registered trademark was cancelled, and the trademark rights were terminated.

2. The trademark right is terminated due to the trademark registrant automatically applying for cancellation of registration.

3. Due to a registered trademark dispute, the Trademark Review and Adjudication Board ruled to cancel the registered trademark, resulting in the termination of trademark rights.

4. The trademark right is terminated due to the death or termination of the trademark registrant.

5. Due to improper trademark registration, the registration was revoked by the Trademark Office or the registration was revoked by the Trademark Review and Adjudication Board, resulting in the termination of trademark rights.

6. Because the trademark registrant violated the provisions of the Trademark Law, the Trademark Office revoked his registered trademark, resulting in the termination of trademark rights.

Baidu Encyclopedia-Trademark Rights