How to obtain trademark rights

As we all know, a trademark is an identification mark in commercial 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. To obtain trademark rights in China, trademark registration procedures must be followed, and the first-to-file principle must be implemented. So what is the way to obtain trademark rights in my country? The editor of Legal Savior Network has compiled relevant content and hopes it will be helpful to you.

How to obtain trademark rights?

How to obtain trademark rights, Refers to a specific person (including natural persons and legal persons) who applies for their trademark in accordance with the law and has it approved and registered by the Trademark Office, which is to obtain trademark rights. The acquisition of trademark rights is the creation of legal relationships with trademark rights. As intangible property rights are the same as tangible property rights, their acquisition methods can be divided into original acquisition and transmission (also known as inheritance) acquisition according to their different sources. The main difference between these two acquisition methods is whether the acquisition of trademark rights is based on the trademark rights and will of the original trademark owner. (1) Original acquisition

Original acquisition is also called direct acquisition, that is, according to legal provisions As a basis, the trademark rights obtained directly meet the legal conditions and are approved by the trademark authority. This kind of right is acquired initially and is not based on the trademark rights and will of the original trademark owner.

(2) Transmission acquisition

Transmission acquisition, also known as inheritance acquisition, That is to say, the acquisition of trademark rights is not initially generated, but based on the trademark rights and will of the original trademark owner, and the transfer of trademark rights is achieved through certain legal matters. There are two ways to obtain the trademark by transfer: one is according to the transfer contract, the transferee obtains the trademark right from the transferor with or without compensation; the second way is according to the inheritance procedure, the trademark of the decedent who has died is the legal heir. right.

Principles for acquiring trademark rights

The acquisition of trademark rights refers to the principles and methods to be used to obtain trademark rights. The principles for obtaining trademark rights are as follows:Three types:

(1) Principles of use. The ownership of trademark rights is determined based on the order of use of the trademark, that is, whoever uses the trademark first will own the trademark rights of this trademark, and can fight against the person who used the trademark later on the grounds of "first use" and request the cancellation of their registered trademark. . Adopting this principle confirms that the acquisition of trademark rights is beneficial to the person who uses it first, but is not beneficial to the owner of the registered trademark who uses it later. This approach will make the registered trademark unstable for a long time, which is not only detrimental to trademark management, but also difficult to find out who was the first user once a dispute occurs, which is not conducive to the settlement of disputes. Therefore, there are currently very few countries in the world that adopt this acquisition principle.

(2) Registration principles. The ownership of trademark rights is determined based on the order of application for registration, that is, whoever applies for registration first will be granted the trademark right. According to this principle, only if the trademark is approved and registered by the Trademark Office, the applicant of the trademark can obtain trademark rights.

Trademark registration is a legal fact. Once a trademark owner obtains trademark rights through registration, it is protected by national law, and unregistered trademarks are not protected by law. According to this principle, if the first person to use a trademark does not apply for registration in time and is preempted by others to register it, he or she will not be able to sue the already used trademark. Obtain trademark rights. Therefore, most countries, including my country, now adopt the principle of trademark registration.

Adopting the registration principle to determine the ownership of trademark rights does not exclude the significance of the use principle under specific conditions. Article 31 of my country’s Trademark Law stipulates: “If two or more applicants apply for registration of identical or similar trademarks on the same trademark or similar goods, the trademark that was applied for first shall be preliminarily reviewed and announced; If an application is made within days, the previously used trademark will be initially reviewed and announced, and applications from others will be rejected and not announced." This law embodies the principle of use under specific conditions.

(3) Mixing principle. This is a compromise between the use principle and the registration principle. According to this principle, as long as an enterprise or a person first uses a certain trademark, even if it is not registered, it can fight against the same or similar registered trademark of others on the grounds of prior use within a specified period. If such a confrontation is established, the registered trademark will be revoked. If the confrontation cannot be established, the trademark registrant has obtained irrefutable and stable exclusive rights to the trademark. This principle is adopted by some countries. Countries such as the United States, the United Kingdom, and Spain all stipulate this, but the periods are different. The United Kingdom stipulates 7 years, the United States stipulates 5 years, and Spain stipulates 3 years.

Now almost all countries in the world recognize that the exclusive right to trademark is an intangible property right. This is because the entire exclusive right to trademark is an intellectual achievement that embodies the hard work and labor of the right holder. Intellectual achievements are different from Although tangible material wealth needs to be expressed through a certain carrier, the carrier itself does not have much economic value. What can only reflect the huge economic value is the intellectual achievements contained in the carrier. If there are more problems with trademark rights It is recommended to consult relevant professional lawyers. The Legal Savior Network also provides online lawyer consultation services. You are welcome to have legal consultation.