Details are as follows:
1, 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 is it transferred by his will.
2. Derivation and acquisition of trademark rights, also known as the transfer 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.
Characteristics of trademark rights:
1 exclusive. The exclusiveness of trademark rights, also known as exclusivity or monopoly, means that the owner of a registered trademark enjoys the exclusive right to use its registered trademark, and no other unit or individual may use the registered trademark without the permission of the registered trademark owner.
2. timeliness. The temporality of trademark right, also known as statutory temporality, means that trademark right is a right with a time limit and is protected by law only within the effective period. After the expiration of the validity period, the trademark right terminates and is no longer protected by law.
3. regionality. Trademark right is strictly regional, which is determined by the nature of domestic law of trademark right.
To sum up, the trademark right is the abbreviation of the exclusive right to use a trademark, which means that the trademark authority grants the trademark owner the exclusive right to protect his registered trademark with national laws according to law. Trademark registrants have the right to control their registered trademarks according to law and prohibit others from infringing them, including the right to exclusive use, benefit, disposition, renewal and prohibition of others' infringement of their registered trademarks.
Legal basis:
Article 3 of the Trademark Law of People's Republic of China (PRC)
Trademarks approved for registration by the Trademark Office are registered trademarks, including commodity trademarks, service trademarks, collective trademarks and certification trademarks; Trademark registrants enjoy the exclusive right to use trademarks and are protected by law.
The term "collective trademark" as mentioned in this Law refers to a sign registered in the name of a group, association or other organization for members of the organization to use in business activities, so as to show the membership of users in the organization.
The term "certification trademark" as mentioned in this Law refers to a mark controlled by an organization with the ability to supervise goods or services and used by units or individuals outside the organization to prove the origin, raw materials, manufacturing methods, quality or other specific qualities of the goods or services.
Special matters concerning the registration and management of collective trademarks and certification trademarks shall be stipulated by the administrative department for industry and commerce of the State Council.