What is the meaning of the first-to-file principle
The first-to-file principle refers to the principle of “two or more If an applicant for trademark registration applies for registration of an identical or similar trademark on the same goods or similar 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. The application of other people will be rejected and no announcement will be made."
Article 29 of the Trademark Law: During the review process, if the Trademark Office believes that the content of the trademark registration application needs explanation or correction, it may require the applicant to make explanations or corrections. If the applicant fails to make explanations or corrections, it will not affect the Trademark Office’s examination decision.
The advantages of adopting the first-to-apply principle are: apply The registration time is well-documented. At the same time, it can also prompt trademark owners to apply for registration in a timely manner, which is conducive to trademark management and plays a stabilizing role in the exclusive rights of trademarks. The disadvantage is that if the trademark applied for registration is a backup trademark and is not actually used, it will prevent those who actually want to use the trademark from obtaining registration. At the same time, if the number of alternative trademarks increases, the number of applications for trademark registration will inevitably increase. Due to this shortcoming, some scholars and trademark practitioners advocate the abolition of the first-to-file principle and the adoption of the first-to-use principle, so that applicants who really want to use a trademark can obtain registration, so as to facilitate the use of the trademark.
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