What are the principles for obtaining trademark rights
(1) Principles of use
The principle of use, that is, the principle of obtaining trademark rights through use, means that trademark rights naturally arise from the use of the trademark, and trademark rights are established based on the fact of trademark use.
(2) Registration principle
Registration principle, that is, the principle of obtaining trademark rights through registration, refers to the trademark The right is established by the fact of registration, and only a registered trademark can obtain trademark rights.
(3) Mixing principle
The mixing principle, that is, the compromise principle, refers to the principle of mixture in determining trademark rights. When establishing, both use and registration facts should be taken into consideration. Trademark rights can arise from registration or use.
Overview of Trademark Rights
To obtain trademark rights in China, you must go through the trademark registration procedures, and the application process is First principle. Trademark is an identification mark in industrial activities, so the role of trademark rights is mainly to maintain order in industrial activities, which is different from the role of patent rights, which is mainly to promote the development of industries.
According to the provisions of the "Trademark Law", the trademark right is valid for 10 years, calculated from the date of approval of registration. Apply for renewal within 6 months before expiration. Here If you fail to apply within the period, you will be granted an extension period of 6 months. Renewal can be repeated indefinitely, with each renewal period lasting 10 years.
Trademark right is an intangible asset with economic value and can be used to pay off debts, that is, transferred according to law. According to the provisions of my country's Trademark Law, trademarks can be transferred. When transferring a registered trademark, the transferor and the transferee should sign a transfer agreement and jointly file an application with the Trademark Office.
When transferring trademark rights, the requirements of the "Several Provisions on Enterprise Trademark Management" should be followed.Entrust a trademark evaluation agency to conduct trademark evaluation, handle debt settlement matters based on the evaluation value, and apply to the Trademark Office for trademark transfer procedures in a timely manner. Civil liability for trademark infringement: A natural person or legal person whose exclusive right to use a trademark has been infringed has the civil right to require the infringer to stop the infringement, eliminate the impact, and compensate for losses.
The above is an overview of trademark rights and the principles for obtaining them compiled by the editor for your reference. I hope it will be useful to everyone. There are two ways to acquire trademark rights: original acquisition and inherited acquisition. No matter which method is used, it must be recognized by the law, and the original acquisition or inheritance must be carried out in accordance with the law. Our website also provides professional lawyer services. If you need it, you are welcome to consult online.