What does the first-to-register trademark principle mean?

The principle of first-come-first-served trademark registration is the principle by which the Trademark Office decides which trademark to register first when two or more people apply for registration of the same or similar trademark, based on which party applies first. When an application is made, it means which party applies for registration earlier and which party will accept it. Regarding the question of what the first-to-register trademark principle means, the editor of Legal Savior Network will give you a detailed answer below.

1. What does the principle of first-to-register trademarks mean?

1. Application The principle of prioritization means that if two or more applicants apply for registration of the same or similar trademarks on the same goods or similar goods, the Trademark Office will accept the first application for trademark registration and will not apply for the later trademarks. The registration application was rejected. The priority of application is determined based on the date when the applicant files the application for trademark registration. The application date for trademark registration is based on the date when the Trademark Office receives the application documents. Therefore, the date on which the application is received by the Trademark Office should be used as the criterion for determining the priority of the application.

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

Article 31: Two or more trademark registration applicants shall register products of the same kind or similar products. If an application is made for registration of an identical or similar trademark on goods, the trademark applied for earlier will be preliminarily reviewed and announced; if the application is made on the same day, the trademark previously used will be preliminarily reviewed and announced, and other applications will be rejected and not 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' already existing rights by unfair means. Trademarks that are used and have certain influence.

2. What are some special provisions of the first-to-file principle?

1. What the first-to-file principle refers to The date of application refers to the time when the party concerned submits the application to the trademark management department.Date for submission of relevant application documents.

2. If two or more applicants use the same or similar trademarks on the same goods or similar goods or services, If you apply for registration on 24 days and use them at the same time or neither of them is used, each applicant can negotiate within the time limit designated by the trademark management department. If you are unwilling to negotiate or the negotiation fails, the trademark management department will draw lots from each applicant. One applicant rejects the registration application of another person.

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