What are the classifications of prior rights for trademarks?

Prior rights in the Trademark Law refer to those obtained in accordance with the Trademark Law and due to prior time or procedure, as opposed to those obtained in accordance with other laws or also in accordance with the Trademark Law, and are rooted in the commonality of the trademark and its constituent elements. As for other rights of the object, the right to enjoy prior protection. What are the classifications of prior rights for trademarks? Below, in order to help you better understand the relevant legal knowledge, the editor of Legal Savior Network has compiled relevant content. I hope it will be helpful to you.

What are the prior rights classifications of trademarks

Prior rights in trademark law can be divided into four categories, namely first application rights, prior use rights, prior registration rights, and prior well-known rights.

1. Right to apply first

Two or more applicants, in the same category or If an identical or similar trademark is applied for registration on similar goods (services), the trademark applied for first will be initially reviewed and announced. This right enjoyed by the earlier applicant is the right to apply first.

2. Prior use right

Two or more applicants are engaged in the same or similar goods (services), If an application for registration of an identical or similar trademark is made on the same day, the previously used trademark will be initially reviewed and announced, and other applications will be rejected and will not be announced. Article 31 of my country’s current Trademark Law stipulates that unfair means may not be used to preemptively register a trademark that is already used by others and has a certain influence. The above-mentioned rights enjoyed by the prior users are the rights of prior use.

3. Right of prior registration

When a later registered trademark is used on the same or similar goods (services) When it is identical or similar to another person’s earlier registered trademark, the later registered trademark right conflicts with the other person’s earlier registered trademark right. The owner of a previously registered trademark has the right to dispute the rights of such a later-registered trademark and request the Trademark Review and Adjudication Board to cancel it within 5 years from the date the later-registered trademark is approved for registration. This kind of right enjoyed by the prior registrant is the prior registration right.

4. Prior right to fame

Two or more applicants living in the same country , on different goods or services, the same or similar trademarks that are well-known to the public have successively applied to the State Trademark Office for well-known trademark recognition, as long as they meet the conditions for well-known trademark recognition, they can be recognized as well-known trademarks on their respective goods or services. Well-known trademark. This kind of right enjoyed by the previously recognized trademark owner is the prior well-known right. The rights enjoyed by the trademark owner who is later recognized are the rights of subsequent well-known rights. This is for the situation of being in the same country. In addition, based on the provisions of the Paris Convention for the Protection of Industrial Property (hereinafter referred to as the Paris Convention), different member states of the Paris Convention may successively recognize the same or similar trademarks of their own national trademark owners as well-known trademarks. In this situation, identical or similar trademarks in different countries will also cause conflicts of rights between earlier well-known rights and later well-known rights.

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