What are the principles for applying for trademark registration?
1. Principles of classification application
One application is limited to one trademark. If you apply for the same trademark on different categories of goods, you should submit a registration application in accordance with the commodity classification table;
If you use it on other goods of the same category, you should submit a separate application Registration application.
2. Principle of prohibiting malicious registration
Trademark applicants shall not damage the existing prior rights of others, and shall not use unfair means to register trademarks that have been used by others and have certain influence.
3. First-to-apply principle
(1) The principle of first application and first use shall be the compensation
When applicants conflict with the same trademark, the first application shall be the principle and the first use shall be the compensation. If the applications are applied on different days, the one that was applied first will be announced; if the applications are applied on the same day, the one that was used first will be initially reviewed and announced; if the applications are used on the same day or neither is used, an applicant will be determined by drawing lots; those who have been notified but did not participate in the drawing will be , the application shall be deemed to have been abandoned, and the Trademark Office shall notify it in writing. The application date for trademark registration shall be the date when the Trademark Office receives the application documents.
(2) Determination of priority.
The applicant hasFrom the date when a trademark is first filed for registration in a foreign country, or is used for the first time on goods exhibited at a national exhibition sponsored and recognized by the Chinese government, it shall be used again in China within six months from the date when the goods are exhibited. If a trademark registration application is filed for the same goods with the same trademark, the foreign country may enjoy priority in accordance with the agreement signed by the foreign country and China or the international treaty to which both countries are parties, or in accordance with the principle of mutual recognition of priority.
If you claim priority, you should make a written statement when filing your trademark registration application, and submit the first trademark registration application documents within three months. If a written statement is not made or a copy of the trademark registration application document is not submitted within the time limit, priority will be deemed not to have been claimed.
The above knowledge is the answer to the question "What are the principles for applying for trademark registration" by the editor of Legal Savior Network. If readers need legal help, please come to Legal Saviours.com for legal advice.
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