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Principles for obtaining trademark rights

According to whether the trademark was created by the person who obtained the trademark right, the acquisition method of trademark right can be divided into original acquisition and subsequent acquisition. (1) Original acquisition: Original acquisition means that a trademark is created by the person who acquires the trademark right, and the trademark right he or she acquires is directly acquired initially, rather than based on the existing rights of others. Internationally, the original acquisition of trademark rights generally adopts the following three methods: 1. Registration principle The registration principle refers to determining the ownership of trademark rights according to the order in which registration is applied for. Most countries in the world stipulate that trademarks must be registered before they can obtain trademark rights. For this reason, trademark registration is a necessary procedure to obtain trademark rights. Trademark rights belong to the first registrant of the trademark. Countries that adopt the registration principle can be divided into voluntary registration and compulsory registration principles. 2. Principle of use The principle of use refers to determining the ownership of trademark rights according to the order in which the trademark is used. According to this principle, trademark rights belong to the person who first uses the trademark. Generally, whoever uses the trademark first will enjoy the trademark rights as long as there is a fact of first use. Some countries that implement the use principle also handle trademark registration procedures, but it only serves a legal purpose of declaration and cannot determine the ownership of trademark rights. Adopting the use principle to determine the ownership of trademark rights is not conducive to trademark management and dispute resolution. Therefore, only a few countries in the world adopt the use principle in their trademark laws. 3. Mixed Principle The mixed principle is a compromise application principle of the above two principles. According to this principle, trademark rights must be obtained through application for registration. However, within a certain period of time after the registration is approved, the first user is given the opportunity to cancel the registered trademark that is identical or similar to the first-used trademark on the grounds of prior use. Only after a certain period of time has elapsed, and no prior user has claimed the right, will the registered trademark obtain stable trademark rights. Our country’s legislation stipulates that trademark rights must be obtained through registration. Article 3 of my country’s Trademark Law stipulates: For a trademark approved and registered by the Trademark Office, the trademark registrant shall enjoy the exclusive right to use the trademark and shall be protected by law. (2) Successive acquisition: Successive acquisition means that the trademark right acquired by the trademark owner is based on the existing rights of others, rather than being directly acquired initially. There are two ways to acquire by inheritance: first, according to the transfer contract, the transferor transfers the trademark rights to the transferee with or without compensation; second, according to the provisions of the inheritance law, the trademark rights are acquired through inheritance procedures. According to the provisions of my country's Trademark Law, the original acquisition of trademark rights should be handled in accordance with the trademark registration procedures. The inheritance and acquisition of trademark rights must also be handled in accordance with the procedures for transferring registered trademarks before the trademark rights can be obtained.