What principles are followed in granting trademark rights?

Trademark right is the abbreviation of trademark exclusive right, which refers to the exclusive right granted by the trademark authority to the trademark owner in accordance with the law to protect the registered trademark under national law. Therefore, the main role of trademark rights is to maintain order in industrial activities. What principles are followed in granting trademark rights? The editor below will explain this issue to you.

What principles are followed in the granting of trademark rights?

To obtain trademark rights in China, you must go through the trademark registration procedures and implement the application Priority principle.

Registration is a process of confirming the ownership of the exclusive rights to a trademark. Article 3 of China's Trademark Law stipulates: "A trademark approved and registered by the Trademark Office is a registered trademark, and the trademark registrant enjoys the exclusive right to use the trademark and is protected by law." It can be seen that China's Trademark Law adopts the registration principle.

Registration principle based on prior use supplemented

The principle of prior application is derived from the registration principle One of the important procedural principles comes out. Article 31 of the Trademark Law stipulates: “If two or more applicants apply for registration of the same or similar trademarks on the same goods or similar goods, the one with the earlier application shall be preliminarily reviewed and announced. trademark". This is the first-to-apply principle. According to this principle, even if a trademark has been used for many years, if you do not apply for registration in time, you will lose the opportunity to register because someone else applied first, and you will not get the exclusive right to the trademark. Of course, there are times when the first-to-file principle does not work. When two or more trademarks apply for registration on the same day, other methods must be used to determine the ownership of the exclusive rights. Therefore, Article 31 also stipulates, "If applications are made on the same day, the trademark that has been used first will be initially reviewed and announced, and applications from others will be rejected and will not be announced." This shows that we are adopting the first-to-file principle. , also uses first as an appropriate supplement.

We have answered the question above about what principles should be followed in the granting of trademarks. Any sign that can distinguish the goods of a natural person, legal person or other organization from the goods of others, Including words, graphics, letters, numbers, three-dimensional logos, color combinations and sounds, etc., as well as combinations of the above elements, can be applied for registration as trademarks.

The above content is the relevant answers. If you have other legal questions, you can consult the relevant lawyers on the Legal Savior Network.