What are the principles of trademark registration
1. Principles of classification application
One application is limited to one trademark. If you apply for the same trademark on different categories of goods, you should file a registration application in accordance with the commodity classification table; if it is used on other goods of the same category, you should file a separate registration application Apply.
2. Principle of Prohibition of Malicious Registration
Trademark applicants shall not damage the existing prior rights of others. rights, and shall not use unfair means to register a trademark that has been used by others and has certain influence.
3. Principle of first to apply
(1) First to apply, first to use For compensation
When there is a conflict between applicants for the same trademark, the principle of first application shall be the first and the first use shall be the first to compensate. If you apply on different days, the one that was applied first will be announced; if you apply on the same day, the one that was used first will be preliminarily reviewed and announced; if it is used on the same day or neither is used, one applicant will be determined by drawing lots; those who have been notified but did not participate in the drawing will be , the application shall be deemed to have been abandoned, and the Trademark Office shall notify it in writing. The application date for trademark registration shall be the date when the Trademark Office receives the application documents.
(2) Determination of priority.
From the date when the applicant first files an application for registration of his trademark in a foreign country, or on the goods displayed at a national exhibition sponsored and recognized by the Chinese government If the goods are used for the first time, and an application for trademark registration is filed in China for the same goods with the same trademark within six months from the date of exhibition of the goods, the registration application shall be in accordance with the agreement signed between the foreign country and China or an international treaty to which both countries are parties, or in accordance with the mutual agreement. Priority can be enjoyed by recognizing the principle of priority.
If you claim priority, you should submit a written statement when submitting your trademark registration application, andSubmit a copy of the first trademark registration application document within three months; if a written statement is not submitted 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.
Trademark registration needs to follow the following principles:
1. The principle of combining voluntary registration and compulsory registration. Most trademarks in my country adopt the principle of voluntary registration. Producers and operators of goods that require the use of registered trademarks under national laws and administrative regulations (mainly cigarettes, cigars, and packaged cut tobacco) must apply for trademark registration. Without approved registration, the goods shall not be sold in the market.
2. Principle of prominence. The trademark applied for registration should have distinctive features and be easy to identify, and should not conflict with other people's previously acquired legal rights (such as design patent rights, name rights, and copyrights).
3. Principle of trademark legality. The trademark applied for registration shall not use signs prohibited by law. Registered trademarks using place names will continue to be valid. Without authorization, an agent or representative registers the trademark of the principal or represented person in his or her own name. If the principal or represented person raises an objection, the registration shall not be granted and use shall be prohibited. If a trademark contains a geographical indication of a product, but the trademark does not originate from the area indicated by the trademark and misleads the public, it shall not be registered and its use shall be prohibited; however, if the trademark has been registered in good faith, it will continue to be valid.
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