1. What should you pay attention to when applying for changes in the most professional trademark application?
1. If the name or address of the trademark registrant is changed, the trademark registrant shall change all registered trademarks at the same time.
2. After the change application is submitted, the Trademark Office will issue an "Acceptance Notice" to the change application that meets the acceptance conditions. If the application does not meet the conditions for acceptance, the application will not be accepted and a "Notice of Non-Acceptance" will be issued to the applicant.
3. If the change application requires correction, the Trademark Office will issue a notice of correction and notify the applicant to make corrections within a time limit.
4. After the change application is approved, the Trademark Office will issue a change certificate to the applicant, which can be processed directly.
5. If the change application is deemed to be abandoned or disapproved, the Trademark Office will issue a "Notice of Deeming Abandonment" or a "Notice of Disapproval" .
6. After the application for change of a jointly owned trademark is approved, the change certificate will only be issued to the representative. If other co-owners need it, they should apply for a reissue certificate.
2. What are the principles for applying for trademark registration?
(1) The principle of combining voluntary registration and compulsory registration
The so-called principle of voluntary registration, It means that the trademark owner decides whether to apply for trademark registration based on his own needs and wishes. Trademarks that have been applied for and approved for registration by the Trademark Office of the State Administration for Industry and Commerce are registered trademarks. The registrant has exclusive rights to the registered trademark and is protected by law; unregistered trademarks can also be used, but the user does not enjoy the exclusive rights to the trademark and must not conflict with other people's trademarks.
The so-called compulsory registration principle refers to the state’s mandatory requirement that all trademarks used by producers and operators on certain goods or services must be registered in accordance with the law before they can be used. Legal basis: "Trademarks" Article 6 of the Law stipulates: "For goods that are required to use registered trademarks according to the state, they must apply for trademark registration. If the registration is not approved, they shall not be sold in the market." At present, the only trademarks that are compulsorily registered in our country are: for human medicines ( Western medicines, injections and Chinese patent medicines) and tobacco products (cigarettes, cigars and packaged tobacco).
(2) Registration principles
The so-called registration principle means that the trademark owner must obtain approval for registration of his trademark in order to obtain confirmation of the exclusive right to the trademark.
Legal basis: Article 3 of China’s Trademark Law stipulates: “A trademark approved and registered by the Trademark Office is a registered trademark, and the owner of the trademark enjoys the exclusive right to use the trademark and is protected by law. ”
(3) National unified registration principle
refers to the must-have requirements for trademark registration in China Registration shall be reviewed and approved by the national trademark administration department. Article 2 of the Trademark Law clearly stipulates that "The Trademark Office of the Administration for Industry and Commerce of the State Council shall be responsible for the registration and management of trademarks nationwide."
(4) The principle of first to apply (also known as the principle of first to register)
The so-called first to apply principle refers to two or two When more than one applicant applies for registration of the same or similar trademark on the same or similar goods, the trademark and the applicant who applied for registration earlier will obtain the exclusive right to trademark, and the subsequent trademark registration application will be rejected.
Legal basis: Article 29 of China’s Trademark Law stipulates: “Two or more applicants, on the same goods or similar goods, If you apply for registration of an identical or similar trademark, the trademark that was applied for first will be preliminarily reviewed and announced; if you apply on the same day, the trademark that was first used will be preliminarily reviewed and announced, and the applications of others will be rejected and will not be announced. ”
(5) First-to-use principle
Refers to the application (registration) that cannot be confirmed In the case of prioritization, the principle of the earliest user to obtain trademark registration shall be adopted. Article 29 of the "Trademark Law" stipulates that "two or more applications for trademark registration"A person applies for registration of an identical or similar trademark on the same goods or similar goods. If the application is made on the same day, the previously used trademark will be initially reviewed and announced, and other applications will be rejected and not announced. "The so-called first-to-use principle here often plays an important decisive role when encountering conflicts with other intellectual property rights (such as patent rights and copyrights) similar to trademark rights. See: "About Handling Trademark Exclusive Use" Opinions on the conflict between trademark rights and design patent rights"
In summary, registered trademarks should follow the principle of combining voluntary registration and compulsory registration. The registration principle , the national unified registration principle, the principle of first to apply, the principle of first to use, among which the principle of first to apply is for the same trademark, whoever applies for the trademark first will own the exclusive rights, and the principle of first to use is that the priority user obtains the exclusive rights of the trademark. 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.
