What is the prior protection right of a trademark
Prior rights in trademark law refer to the “Trademark Law” And the right to enjoy prior protection is obtained due to prior time or procedures, relative to other rights obtained under other laws or also under the Trademark Law and rooted in the common object of the trademark and its constituent elements. .
Prior rights in trademark law can be divided into four types Categories include the right to apply first, the right to use first, the right to register first, and the right to be famous first.
1. Right to apply first
Two or more applicants, in the same category or If an identical or similar trademark is applied for registration on similar goods (services), the trademark applied for first will be initially reviewed and announced. This right enjoyed by the earlier applicant is the right to apply first.
2. Prior use right
Two or more applicants on the same or similar goods (services) , if you apply for registration of an identical or similar trademark on the same day, the previously used trademark will be initially reviewed and announced, and the applications of others will be rejected and will not be announced.
3. Right of prior registration
When a later registered trademark is used on the same or similar goods (services) When it is identical or similar to another person’s earlier registered trademark, the later registered trademark right conflicts with the other person’s earlier registered trademark right. The owner of a previously registered trademark has the right to dispute the right to such a later-registered trademark and request the Trademark Review and Adjudication Board to cancel it within 5 years from the date the later-registered trademark is approved for registration. This kind of right enjoyed by the prior registrant is the prior registration right.
4. Prior right to fame
Two or more applicants living in the same country , on different goods or services, the same or similar trademarks that are well-known to the public have successively applied to the State Trademark Office for well-known trademark recognition, as long as they meet the conditions for well-known trademark recognition, they can be recognized as well-known trademarks on their respective goods or services. Well-known trademark. This kind of right enjoyed by the previously recognized trademark owner is the prior well-known right. The rights enjoyed by the trademark owner who is later recognized are the rights of subsequent well-known rights.
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