(1) Principles of use. The ownership of trademark rights is determined based on the order of use of the trademark, that is, whoever uses the trademark first will own the trademark rights of this trademark, and can fight against the person who used the trademark later on the grounds of "first use" and request the cancellation of his or her registered trademark. . Adopting this principle confirms that the acquisition of trademark rights is beneficial to the person who uses it first, but is not beneficial to the owner of the registered trademark who uses it later.

(2) Registration principles. The ownership of trademark rights is determined based on the order of application for registration, that is, whoever applies for registration first will be granted the trademark right. According to this principle, only if the trademark is approved and registered by the Trademark Office, the applicant of the trademark can obtain trademark rights. Trademark registration is a legal fact. Once a trademark owner obtains trademark rights through registration, it is protected by national law, and unregistered trademarks are not protected by law. According to this principle, if the first person to use a trademark does not apply for registration in time and is preempted by others to register it, he or she will not be able to sue the already used trademark. Obtain trademark rights.

(3) Mixing principle. This is a compromise between the use principle and the registration principle. According to this principle, as long as an enterprise or a person first uses a certain trademark, even if it is not registered, it can fight against the same or similar registered trademark of others on the grounds of prior use within a specified period.

Legal basis:

"Trademark Law of the People's Republic of China"

Article 1 is to strengthen trademark management, protect exclusive rights to trademarks, and promote production , operators ensure the quality of goods and services, maintain the reputation of trademarks, protect the interests of consumers and producers and operators, and promote the development of the socialist market economy, this law is specially formulated.

Article 3 Trademarks approved and registered by the Trademark Office are registered trademarks, including commodity trademarks, service marks, collective trademarks, and certification marks; the trademark registrant enjoys the exclusive right to use the trademark and is protected by law.

Article 4 If a natural person, legal person or other organization needs to obtain the exclusive right to use a trademark for its goods or services during production and business operations, it shall apply for trademark registration with the Trademark Office. Bad-faith trademark registration applications that are not intended for use shall be rejected.