What should I do if one, two or more trademark registration applicants apply for the same trademark?
1. Two or more natural persons, legal persons or other organizations may jointly apply to the Trademark Office to register the same trademark, and jointly enjoy and exercise the exclusive right to the trademark.
2. Legal basis: "Trademark Law of the People's Republic of China"
Article 5 More than one natural person, legal person or other organization may jointly apply to the Trademark Office to register the same trademark and jointly enjoy and exercise the exclusive right to the trademark.
2. Process for individuals to apply for trademark registration
1. Design the trademark to be registered in advance. Includes trademark pattern, Chinese and English names.
2. Determine the scope of use of the trademark. Trademarks are divided into 45 major categories, and each major category is further divided into subcategories. The specific scope of use and product name of the registered trademark must be determined.
3. Check in advance whether the trademark is registered. Go to the website of the State Administration for Industry and Commerce to check whether the trademark has been registered. If it is registered, you must change the trademark before submitting it. You can submit a registration application without registering.
4. Submit information to the local industrial and commercial bureau. To register a trademark personally, you need to submit 2 copies of the front and back of your ID card, 6 copies of the trademark design, and a trademark registration application with your signature. Pay another 1,000 yuan fee to the Trademark Office, and the fee will not be refunded regardless of whether it is passed or not.
5. Wait for review by the Trademark Office. It usually takes 12 to 16 months for results to be available.
6. Public notice period. PassedAfter the preliminary review by the Trademark Office, a three-month publicity period will begin. Anyone who has any objections can raise it. If there is no objection, the registration can be successful. If you have objections, you must submit a trademark objection defense. Once the defense is passed, you can successfully register.
7. Publication of trademarks. After passing the publicity period, the Trademark Office will issue a document announcing that the trademark has been successfully registered and can be used. At this point, the trademark is protected by law.
According to the provisions of the Trademark Law, two or more natural persons, legal persons or other organizations can jointly apply to the Trademark Office to register the same trademark, and jointly enjoy and exercise the same trademark. Trademark exclusive rights. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.
