1. Who will succeed if two applicants register the same trademark one after another
1. According to the "first to apply principle", even if a trademark has been used for many years, if the trademark user does not apply for trademark registration in time, he will lose the opportunity to register because someone else applied first, and then lose the right to continue to use the trademark.
2. Legal basis: Article 29 of the "Trademark Law of the People's Republic of China" stipulates that two or more trademark registration applicants shall register a trademark on the same product. If an identical or similar trademark is applied for registration on similar goods, the trademark that was applied for first will be initially reviewed and announced. That is the “first to file” principle in trademark registration review.
2. How long does it take for the preliminary review announcement after trademark registration?
Trademark registration preliminary review announcement time: 3-4 months for trademark formal review to establish the application date.
If no one raises any objection to a preliminary approved trademark within three months from the date of publication of the preliminary approval announcement, the trademark will be registered and a registration announcement will be published at the same time. If no one raises an objection within three months or if the objection raised is found to be invalid, the trademark will be registered and a registration certificate will be issued.
General trademark review process:
The acceptance number will be issued in about 3 working days, 2- Information can be found on the official website of the Trademark Office in about 3 months, a paper acceptance notice will be issued in about 3-5 months, the preliminary review will be completed in 9-12 months, and a 3-month announcement period will begin. If no objections are raised at the end of the period, it means approval. , waiting for the trademark certificate to be printed and issued.
The function of trademark registration announcement:
After the preliminary approval announcementWithin three months from the date of announcement of a preliminary approved trademark, if anyone believes that the preliminary approved trademark violates the relevant provisions of the Trademark Law, he or she may file an objection with the Trademark Office. After the three-month opposition period, if there is no objection or the objection cannot be established after the opposition ruling procedure, the Trademark Office of the State Administration for Industry and Commerce will issue an announcement when registering the applied trademark. The purpose of this announcement is to inform the public that the trademark has been registered and that the applicant has obtained exclusive rights to the trademark and no one may infringe upon it.
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