There are three principles for obtaining trademark rights:

1, the principle of use, that is, the principle of obtaining the trademark right through use, means that the trademark right is naturally generated by the use of the trademark, and the trademark right is established according to the fact that the trademark is used.

2, the principle of registration

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

3, the principle of mixing

The mixed principle, that is, the compromise principle, refers to the consideration of both use and registration when determining the establishment of trademark rights. Trademark rights can be established by registration or use.

Characteristics of trademark right

exclusiveness

Also known as exclusivity or monopoly, it means that a trademark registrant enjoys the exclusive right to use its registered trademark. The basic purpose of granting the exclusive right to the owner of a registered trademark is to establish a fixed relationship between a specific trademark and a specific commodity through registration, so as to ensure that consumers can avoid confusion and obtain accurate information on the source of the commodity. In other words, all unauthorized commercial use will constitute an infringement of the exclusive right to use a trademark. This exclusive right is manifested in three aspects:

in time

Refers to the term of validity of the exclusive right to use a trademark. During the period of validity, the exclusive right to use a trademark is protected by law. If it is not renewed after the period of validity, it will no longer be protected by law. Trademark laws in various countries generally stipulate the protection period of the exclusive right to use a trademark. Some countries set a longer time limit, while others set a shorter time limit, ranging from 20 to 7 years, mostly 10 years.

Trademark exclusive right is an intangible property right. The whole of the exclusive right to use a trademark is an intellectual achievement, which embodies the painstaking efforts and labor of the obligee. Intellectual achievement is different from tangible material wealth. Although it needs to be expressed by some kind of carrier, the carrier itself does not have much economic value, and only the intellectual achievements contained in the carrier can reflect great economic value.

Legal Analysis: Article 28 of the Trademark Law of People's Republic of China (PRC), the Trademark Office shall complete the examination of the trademark applied for registration within nine months from the date of receiving the application documents for trademark registration. If it meets the relevant provisions of this Law, it shall make a preliminary examination and make an announcement.