What is the first-to-file principle for trademarks?

Many people are confused about how to apply for a trademark and what principles should be followed. Below, in order to help everyone better understand the relevant legal knowledge, the editor of Legal Savior Network has compiled relevant content. I hope it will be helpful to you.

What is the principle of first-to-file trademark application

The principle of first-to-file trademark application means that two or more applicants , if an identical or similar trademark is applied for registration on the same kind of goods or similar goods, the Trademark Office will accept the first trademark registration application and reject the later trademark registration application. 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.

"Trademark Law of the People's Republic of China" Article 31 If two or more trademark registration applicants apply for registration of the same or similar trademarks on the same goods or similar goods, the preliminary The trademark that was applied for earlier will be reviewed and announced; if the application is made on the same day, the trademark that was previously used will be initially reviewed and announced, and other people’s applications will be rejected and will not be announced.

Article 32 Application for trademark registration shall not damage The existing prior rights of others cannot be used to preemptively register a trademark that has been used by others and has certain influence by unfair means.

Article 33 Regarding the preliminary approval announcement Trademark, within three months from the date of announcement,Prior rights holders and interested parties believe that Article 13, paragraphs 2 and 3, Article 15, Article 16, paragraph 1, Article 30, Article 31, and Article 3 of this Law have been violated. Article 12, or if anyone believes that it violates the provisions of Article 4, Article 10, Article 11, Article 12, or Article 19, paragraph 4, of this Law, he may file an objection with the Trademark Office. If there is no objection at the expiration of the announcement period, the registration will be approved, a trademark registration certificate will be issued, and the announcement will be made.

The above is the relevant knowledge compiled by the editor for everyone , if your situation is more complex, the Legal Savior Network also provides online lawyer consultation services, and you are welcome to seek legal consultation.