1. The acquisition of trademark rights refers to the principles and methods to be adopted to obtain trademark rights.
2. There are three principles for obtaining trademark rights:
(1) Principle of use
The principle of use, that is, the principle of obtaining trademark rights through use, means that trademark rights naturally arise due to the use of the trademark , trademark rights are 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 obtained due to registration. Produced or established through use.
3. 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 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.