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What are the principles for obtaining trademark rights?

author:Top intellectual property rights

Trademarks are actually used to identify goods or services, and consist of words, colors, etc. The way to obtain trademark rights is for the trademark owner to apply for the registration of the trademark. So what are the principles for obtaining trademark rights? What is the form of termination of trademark rights? The following trademark registration agents give you answers.

What are the principles for obtaining trademark rights?

1. The principle of obtaining trademark rights.

(1) Principles of use.

The principle of trademark use means that the use of trademarks naturally produces established trademark rights.

(2) Registration principles.

The principle of trademark registration, the way of trademark acquisition through registration, so as to obtain trademark rights.

(3) Mixing principle.

The hybrid principle means that when determining the establishment of a trademark right, both use and registration must be considered. Trademark rights can be created through registration or established through use.

2. Termination of trademark rights.

1. Where the statutory validity period of a registered trademark expires and the registration is not renewed, the registered trademark shall be cancelled and the trademark right shall be terminated.

2. The termination of the trademark right is the result of the trademark registrant's automatic application for cancellation of registration.

3. The trademark right is terminated by the Trademark Review and Adjudication Board due to the trademark dispute.

4. The death or termination of the trademark registrant results in the absence of trademark rights.

5. Where the trademark right is terminated due to improper registration of the trademark, the Trademark Review and Adjudication Board shall revoke or rule.

6. The registered trademark of the registrant who violates the provisions of the Trademark Law is revoked by it, and the trademark right is terminated.

I believe that through the above, we can know that there are three ways to obtain trademark rights, and the way to obtain trademark rights in China is to obtain them only through registration. For more trademark content questions, please feel free to consult your trademark registration agent.