1. What does the principle of prior trademark registration mean?
1. According to our country According to the provisions of the Trademark Law, the principle of first application for trademark registration is determined based on the date when the applicant files the application for trademark registration. The application date for trademark registration shall be based on the date when the Trademark Office receives the application documents.
2. Legal basis: "Trademark Law of the People's Republic of China"
Article 31 Two or more trademark registration applicants apply for the same or similar trademarks on the same goods or similar goods. For registration, the trademark previously applied for will be preliminarily reviewed and announced; for applications filed on the same day, the trademark previously used will be preliminarily reviewed and announced, and applications from others will be rejected and will not be announced.
Article 32: Application for trademark registration shall not damage the existing prior rights of others, nor shall it be used to preemptively register others that have already used it and have certain influence by unfair means. 's trademark.
2. What are the conditions for applying for registered trademark
1. The applicant must be the owner of the trademark applied for recognition, a natural person, legal person or other organization within the province;
2. The trademark has been used continuously for three years from the date of registration approval and continues to be valid, and there is no ownership dispute;
3. The trademark is well known to the relevant public and has a high reputation in the relevant market;
3. What are the materials for registered trademark
1. If applying for registration under the name of a company, a copy of the business license must be provided, and the official seal must be stamped on the copy of the business license;
2. If you apply for registration in your personal name, you need to provide a copy of your personal ID card and a copy of the individual industrial and commercial household's business license. The copy of the individual industrial and commercial household's business license must be stamped with the official seal. ;
3. Provide trademark text or patterns. If the color needs to be protected, color patterns are also required;
4. To provide the goods/services to be registered, the applicant can refer to the ninth edition of the International Classification of Goods and Services for Trademark Registration (Nissan Classification) and the trademark based on the goods operated by the applicant or the services provided. The Office shall fill in the "Classification Table of Similar Goods and Services" modified by the above-mentioned international classification table;
5. Provide the "Trademark Agency Power of Attorney" stamped with the official seal or signed 》, the power of attorney can be obtained from this website; especially note that the address on the "Trademark Agency Power of Attorney" should be exactly the same as the registered address on the business license.
4. The annual sales volume, operating income, net profit, taxation and other major economic indicators of the goods approved for use in the past three years have been leading in the same industry in the province;
5. The applicant has a good reputation, has a complete trademark management organization and trademark management system, and has no illegal activities in the past three years;
6. If the goods approved for use by the trademark are export goods, the trademark should be registered in the relevant country or region and have a wide sales area.
In real life, it often happens that for a good trademark, several people may want to apply for it at the same time, or there may be no duplication of a trademark when it is produced. However, when applying, if several people apply at the same time, the principle of prioritization of the trademark must be followed. 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.