Obtaining trademark rights and how to obtain trademark rights

In our lives, we know that trademarks are crucial to a brand. The form of obtaining Trademark rights is actually what we often call the method of obtaining trademark rights. If the party wants to become the trademark owner, he must first Obtain trademark rights. So there are several ways to obtain trademark rights, and how to obtain trademark rights? In this regard, the editor of Legal Savior Network has compiled relevant content below, and I hope it will be helpful to you.

Obtaining trademark rights and how to obtain trademark rights

(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 trademark rights of others. right. Internationally, the following three methods are generally used to initially obtain trademark rights:

1. Registration principles

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 the determination of trademark rights according to the order in which the trademark is used. belonging. 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. Mixing principle

The hybrid 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 can request withdrawal on the grounds of prior use.opportunities to sell registered trademarks that are identical or similar to your own previously used trademark. 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.

my country's legislation determines 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 refers to the acquisition by the trademark owner The trademark rights arise based on the existing rights of others, rather than being originally acquired directly. There are two ways to acquire by inheritance: first, according to the transfer contract, the transferor transfers the trademark right to the transferee with or without compensation; second, according to the provisions of the Civil Code, the trademark right is 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.

Through the explanation in the above article, we know the content about the form of obtaining trademark rights. The acquisition of trademark rights is divided into two aspects, namely original acquisition and inherited acquisition. So I hope the above content can solve your problem. If you still have unclear questions, the Legal Savior Network also provides online lawyer consultation services. You are welcome to have legal consultation.