How to acquire trademark rights

1、 Concept of trademark right

The trademark right is the abbreviation of the exclusive right to use a trademark. It refers to the exclusive right granted by the trademark authority to the trademark owner in accordance with the law to protect his registered trademark under the national law. The trademark registrant has the right to dispose of its registered trademark according to law and prohibit others from infringing, including the exclusive right to use its registered trademark, the right to profit, the right to dispose of it, the right to renew it, and the right to prohibit others from infringing.

2、 Characteristics of trademark rights

（1） Exclusivity

The exclusivity of trademark rights is also called exclusivity or monopoly, which means that the owner of a registered trademark has the exclusive right to use its registered trademark. No other unit or individual may use the registered trademark without the permission of the owner of the registered trademark.

（2） Timeliness

The temporality of trademark rights is also known as legal temporality, which means that trademark rights are a kind of rights with a time limit and are protected by law only within the period of validity. After the period of validity expires, trademark rights are terminated and no longer protected by law.

（3） Regionality

The trademark right has strict regionalism, which is determined by the nature of the domestic law of trademark right.

3、 Acquisition of trademark rights

1. The acquisition of trademark rights refers to the principles and methods used to acquire trademark rights.

2. There are three principles for obtaining trademark rights:

(1) Principles of use

The principle of use, that is, the principle of obtaining trademark rights by use, means that trademark rights naturally arise from the use of trademarks, and trademark rights are established according to the fact of trademark use.

(2) Registration principle

The principle of registration, that is, the principle of obtaining trademark rights by registration, refers to the fact that trademark rights are established due to the fact of registration, and only registered trademarks can obtain trademark rights.

(3) Mixing principle

The mixed principle means that when determining the establishment of trademark rights, both the use and registration facts should be taken into account. Trademark rights can be created by registration or established by use.

3. There are two ways to acquire trademark rights: original acquisition and subsequent acquisition.

(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 or their will.

(2) Successive acquisition of trademark right, also known as inherited acquisition of trademark right, refers to the acquisition of trademark right based on the existing trademark right and the will of others.