What are the principles of trademark protection?

There are six basic Principles for trademark protection. The first is the principle of registration, secondly, the principle of first application, then the principle of honesty and trustworthiness and voluntariness, the principle of centralized registration, and the principle of simultaneous administrative and judicial protection, mainly these six basic principles. Regarding the question of what are the principles of trademark protection, the editor of Legal Savior Network will give you a detailed answer below.

1. What are the principles of trademark protection

my country's Trademark Law There are the following six basic principles:

1. Registration principle. Registration is a process of confirming the ownership of exclusive rights to a trademark.

2. First-to-apply principle. The first-to-file principle is one of the important procedural principles derived from the registration principle.

3. The principle of good faith. The principle of good faith is a basic principle in the field of civil law. Its legal expression is stipulated in Article 4 of the "General Principles of Civil Law": "Civil activities shall follow the principle of good faith."

4. Principle of voluntary registration. The so-called "voluntary registration principle" means that whether or not to register a trademark used by an enterprise is completely decided by the enterprise.

5. The principle of centralized registration and hierarchical management. Centralized registration and hierarchical management are one of the outstanding features of my country’s trademark legal system.

6. The principle of parallel administrative protection and judicial protection.

Legal basis: "Trademark Law of the People's Republic of China"

Article 56 The exclusive right to register a trademark is limited to the trademark approved for registration and the goods approved for use.

Article 58: Anyone who uses someone else’s registered trademark or unregistered well-known trademark as a business name to mislead the public and constitute unfair competition shall be punished. Handled in accordance with the Anti-Unfair Competition Law of the People's Republic of China. Article 60 If any of the acts that infringe upon the exclusive right to use a registered trademark as listed in Article 57 of this Law causes a dispute, the party concerned shallIf the dispute is not resolved through negotiation or negotiation fails, the trademark registrant or interested party may file a lawsuit with the People's Court or request the industrial and commercial administration department to handle the matter.

2. How to register a trademark according to national regulations

The first step is to determine the scope of trademark registration and conduct a pre-search. The registration scope of the trademark should be selected based on the categories and product names listed in the "Classification Table of Similar Goods and Services". After selecting the scope, it is recommended to conduct a trademark search to evaluate whether the trademark registration application is at risk of being rejected. If so, Trademarks can be modified in time before applying for registration.

The second step is to submit the trademark registration application documents to the Trademark Office. Application documents include: trademark registration application, applicant’s subject qualification certification materials, and if an intellectual property agency is entrusted to submit, a power of attorney should also be submitted.

The third step is to accept and review the trademark office. After accepting the application, the Trademark Office will conduct a formal examination and a substantive examination. The formal examination mainly examines the applicant's name, address, trademark drawings, and designated goods and services. The substantive examination mainly examines whether the trademark is a mark prohibited from registration and use under the Trademark Law, and whether it conflicts with an identical or similar trademark previously applied for or registered.

The fourth step is announcement. If the application passes the review, the Trademark Office will make an announcement. The announcement period is 3 months. During this period, prior rights holders and interested parties can raise objections to the trademark application.

The fifth step is to approve the registration. If no one raises any objection during the announcement period, the Trademark Office will approve the registration and issue a "Trademark Registration Certificate".

After a trademark is successfully registered, it is protected by the Trademark Law. Therefore, the trademark must comply with legal regulations during the registration process. You can choose to register with the Trademark Office yourself. You can also find an agency to register. I hope the above content will 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.