When does the first-to-file principle apply?
Two or two If the above trademark registration applicants apply for registration of the same 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. , reject other people’s applications and will not make an announcement.
If two or more applicants apply for registration of the same or similar trademark on the same or similar goods, the trademark authority can only Accept an application. There are three common approaches: one is the first-to-application principle, the other is the first-to-use principle, and the third is the hybrid principle, that is, a mixture of the first-to-application and first-to-use principles.
First come first Specific provisions of the principle
(1) The principle of first to apply means that two or more applicants apply for the same product or similar products. If an identical or similar trademark is applied for registration on goods, the Trademark Office will accept the earliest trademark registration application and reject subsequent trademark registration applications. The priority of application is determined based on the date when the applicant files the application for trademark registration. The application date for trademark registration is based on the date when the Trademark Office receives the application documents. Therefore, the date on which the application is received by the Trademark Office should be used as the criterion for determining the priority of the application.
(2) The principle of prior use means that two or more applicants use the same or similar products for the same product or similar products. When applying for trademark registration, the Trademark Office will accept the trademark registration application from the earliest user. That is, for applications filed on the same day, the Trademark Office will preliminarily review and announce the previously used trademark. For the situation where the applicants start to use the trademark at the same time or neither of them uses the trademark, the actual practice is for each applicant to negotiate. If the consensus is reached, the trademark shall be transferred within the prescribed period.A written agreement shall be submitted to the Trademark Office. If an agreement cannot be reached within the prescribed time limit, the applicant shall draw lots under the auspices of the Trademark Office, or the Trademark Office shall make a ruling.
(3) The pros and cons of the two principles. The first-to-file principle only requires the date of the trademark registration application as the basis for review, which is easy to operate, but is not conducive to protecting the most recent trademark. The person who first uses the trademark. The first-to-use principle can protect the first person to use a trademark, but it requires a review of the applicant’s proof of first use of the trademark, which is difficult to operate. Moreover, this kind of registration is uncertain and may be revoked because others provide evidence of prior use.
The above are the legal provisions on the first-to-file principle. We must register trademarks in time to avoid being preempted, especially those that have already made a name for themselves. Brands and trademarks must be paid special attention to and protected, otherwise lawsuits will affect the company's operations. I hope the above explanation will be helpful to you. If you have other questions, you can seek legal consultation on the Legal Savior Network.
