1. Under what circumstances can a trademark registration applicant enjoy priority
1. The circumstances under which a trademark registration applicant enjoys priority over a trademark include:
(1) The trademark registration applicant first files for trademark registration in a foreign country. Within six months from the date of application for trademark registration, if another application for trademark registration is filed in China with the same trademark for the same goods, the foreign country shall apply for trademark registration in accordance with the agreement signed by the foreign country and China or the international treaty to which both countries are parties, or in accordance with the principle of mutual recognition of priority. Can enjoy priority.
(2) If the trademark is used for the first time on goods exhibited at an international exhibition sponsored or recognized by the Chinese government, six Within months, the applicant for registration of the trademark can enjoy priority.
2. Legal basis: "Trademark Law of the People's Republic of China"
Twenty-fifth Article 1 If a trademark registration applicant files an application for trademark registration for the same goods in China within six months from the date when the trademark registration application is first filed in a foreign country, the applicant shall apply for trademark registration in China in accordance with the agreement or mutual agreement signed between the foreign country and China. Priority may be enjoyed by parties to international treaties or in accordance with the principle of mutual recognition of priority.
Those who claim priority in accordance with the preceding paragraph shall submit a written statement when filing an application for trademark registration, and submit the first proposed trademark within three months A copy of the registration application document; if a written statement is not made or a copy of the trademark registration application document is not submitted within the time limit, it will be deemed that no priority has been claimed.
2. What is the difference between trade name rights and trademark rights
1. The objects are different. The object of trademark rights is the trademark applied for and approved for registration, which is a sign that distinguishes goods and sources, while the object of trade name rights is only a sign that distinguishes the enterprise itself. It has the attribute of personal rights and is closely related to the personality and identity of a specific business entity. Subject qualifications rise and die together.
2. The registration authorities are different. To obtain trademark rights, you must submit an application to the Trademark Office of the State Administration for Industry and Commerce, and to obtain trade name rights, you must submit an application to the local industrial and commercial administration agency.
3. The rights are different in nature. Trademark rights belong to intellectual property rights; in my country, trade name rights belong to name rights, so trade name rights are more closely related to a person or identity. In the legislation of some countries and international organizations, trade name rights are stipulated as intellectual property rights, and it is believed that trade name rights also have some attributes of intellectual property rights.
4. The scope of rights and timeliness are different. The exercise of trademark rights is valid nationwide and has statutory timeliness. The period of use is 10 years and can be renewed upon expiration.
5. The applicable laws are different. The trademark owner applies for registration and use in accordance with the provisions of the Trademark Law, and the trade name owner registers in accordance with the Company Law or the Enterprise Registration Management Regulations.
6. Different forms of expression. A trademark consists of words, graphics, letters, numbers, three-dimensional logos, color combinations and sounds, etc., as well as a combination of the above elements, and is expressed through the above; while a trade name can only be expressed through Chinese characters.
According to the provisions of the Trademark Law, the circumstances under which a trademark registrant enjoys priority include: the trademark registration applicant first files for trademark registration in a foreign country Within six months from the date of application, if another application for trademark registration is made in China for the same goods with the same trademark; if the trademark is used for the first time on goods exhibited at an international exhibition sponsored or recognized by the Chinese government, the trademark shall be registered as soon as the goods are exhibited. Within six months from the date of application. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.
