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In our country two people apply for trademark on the same day how to deal with?

Release Time：

2023-06-20

The trademark offices all over our country, almost every day will receive many applications for trademark registration in the same industry these different enterprises and individuals submitted trademark registration materials, if the two enterprises operating products are the same, in fact, it is also competitive in trademark registration. So many people are more curious, in our country two people apply for trademarks on the same day how to deal with?

Article 31 Where two or more applicants for trademark registration apply for registration of identical or similar trademarks for the same kind of goods or similar goods, the trademark which was filed earlier shall be preliminarily examined and approved and published. Where the application is filed on the same day, the trademark that was first used shall be preliminatively examined and approved and published, and the application of others shall be rejected and not published.

The principle of trademark registration refers to the basis and legal principle of accepting the applicant for trademark registration and finally confirming the ownership of trademark rights.

According to the provisions of China's trademark law, the principles of trademark registration are divided into: the principle of application first, the principle of voluntary registration. There are four basic principles of trademark registration: voluntary registration is the main principle, compulsory registration is the auxiliary principle; The principle of first application; Single application principle and priority principle.

1. Apply first

The principle of first application, also known as the principle of first registration, means that two or more applicants for trademark registration, on the same kind of goods or similar goods, with the same or similar trademark registration application, the applicant can obtain the trademark exclusive right, the later trademark registration application shall be rejected. If the application is made on the same day, the trademark that was first used shall be preliminatively examined and approved and published, and the application of others shall be rejected and not published; If they are used or not used on the same day, they may be settled through negotiation between the applicants. If no agreement can be reached through negotiation, the applicants shall draw lots to decide.

While adhering to the principle of applying first, China's trademark law also emphasizes the legitimacy of using first to prevent improper squatting. Article 32 of the Trademark Law stipulates that the application for trademark registration shall not prejudice the existing prior rights of others, nor shall it be allowed to preempt the registration of a trademark that has been used by others and has certain influence by improper means.

2. Voluntary registration principle

The principle of voluntary registration means that whether a trademark user applies for trademark registration depends on his own will. Under the principle of voluntary registration, the trademark registrant shall enjoy the exclusive right to its registered trademark and shall be protected by law. An unregistered trademark may be used in production services, provided that the user does not enjoy the exclusive right, and has no right to prohibit others from using a trademark identical or similar to its trademark on the same or similar goods, with the exception of well-known trademarks.

There are also compulsory registration principles and the principle of use first.

3. Principle of compulsory registration

While implementing the principle of voluntary registration, China has stipulated the principle of compulsory registration of trademarks used in a very small number of commodities as a supplement to the principle of voluntary registration. Currently, the only goods that must use registered trademarks are tobacco products, including cigarettes, cigars and packaged tobacco. The production and sale of tobacco products that use unregistered trademarks shall be prohibited.

4. The principle of use first

According to Article 31 of the Trademark Law, "Where two or more applicants for trademark registration apply for the registration of identical or similar trademarks for the same kind of goods or similar goods, the trademark with the earlier application shall be preliminarily examined and approved and published; If the application is filed on the same day, the trademark that was first used shall be preliminatively examined and approved and published, and the application of others shall be rejected and not published." This principle often plays an important deciding role in conflicts with other intellectual property rights similar to trademark rights (such as patent rights, Copyrights).

5. Principle of separate trademark registration

The principle of separate trademark registration mainly refers to the principle of separate application of Chinese, English, pinyin, graphics and other elements in the combination of trademarks. This is mainly determined by the principle of registration review of the General Administration of Trademarks of China. The state implements the principle of separate examination of various elements of the trademark, that is, Chinese, English, pinyin, graphics, etc., respectively, and any part of the examination does not pass the entire trademark return to submit a new application.

In addition, the principle of separate registration of trademarks is to facilitate the use and protection of trademark owners. Separately registered trademarks can be used separately or separately, which is more convenient for the use and protection of products, packaging, advertising, exhibitions, etc.

It can be seen that if two people apply for trademarks on the same day, China's trademark Office is based on the first submission of materials, so the application for registered trademarks within the same day, the trademark Office can only review those who submit materials early, the trademark Office first approved and passed, then another person's trademark registration application will be rejected. This is the principle of the application first review in our country's trademark law. Source: Gold name label

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