What are the principles for applying for trademark registration
(1) Principle of combining voluntary registration and compulsory registration
The so-called voluntary registration principle means that trademark owners can register according to their own needs. and willingness to decide whether to apply for trademark registration. Trademarks that have been applied for and approved for registration by the Trademark Office of the State Administration for Industry and Commerce are registered trademarks. The registrant has exclusive rights to the registered trademark and is protected by law; unregistered trademarks can also be used, but the user does not enjoy the exclusive rights to the trademark and must not conflict with other people's trademarks.
The so-called compulsory registration principle refers to the state’s regulation of production It is a mandatory requirement that all trademarks used by operators on certain goods or services must be registered in accordance with the law before they can be used. The "Trademark Law" stipulates: "For goods that are required to use a registered trademark by the state, they must apply for trademark registration. If the registration is not approved, they may not be sold in the market." At present, the only trademarks that are compulsorily registered in my country are: human medicines (Western medicines, injections and Chinese patent medicines) and tobacco products (cigarettes, cigars and packaged shredded tobacco).
(2) Registration principles
The so-called registration principle means that the trademark owner must obtain approval for registration of his trademark before he can obtain the right Confirmation of exclusive rights to the trademark.
my country's "Trademark Law" stipulates: "Trademark A trademark approved and registered by the Bureau is a registered trademark, and the trademark owner enjoys the exclusive right to use the trademark and is protected by law."
(3) National unified registration principles
means that my country's trademark registration work must be uniformly reviewed and approved by the national trademark authority. The Trademark Law clearly stipulates that “The Trademark Office of the Industrial and Commercial Administration Department of the State Council is responsible for the registration and management of trademarks nationwide.”
(4) First to apply principle (also known as First to register principle)
The so-called first to apply principle It means that when two or more applicants apply for registration of the same or similar trademark on the same or similar goods, the trademark that was applied for registration first and the applicant obtain the exclusive right to trademark, and the later trademark registration application be dismissed.
Article 29 of my country’s Trademark Law It stipulates: “If two or more applicants apply for registration of the same or similar trademarks on the same goods or similar goods, the one with the earlier application shall be preliminarily reviewed and announced.Trademarks; if applications are made on the same day, the previously used trademark will be initially reviewed and announced, and applications from others will be rejected and will not be announced. ”
(5) First-to-use principle span>
Refers to the situation where the application (registration) cannot be confirmed first The principle of first user obtaining trademark registration is adopted below. The Trademark Law stipulates that “if two or more trademark registration applicants apply for registration of the same or similar trademark on the same goods or similar goods,… ; If the application 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. "The so-called first-to-use principle here often plays an important role in making decisions when encountering conflicts with other intellectual property rights (such as patent rights and copyrights) similar to trademark rights.
There are five main provisions in relevant laws of our country, including the principle of first-to-use, application Priority principle, disconnected consent registration principle, registration principle and the principle of combining voluntary registration and compulsory registration. You may wish to understand the specific content from the above, and the editor will not go into details here. For more relevant knowledge, you can consult the legal savior Online Lawyer!