1. What preparations are needed to apply for a professional registered trademark?
Registered trademarks are all The materials that need to be prepared include: If the applicant applies for registration in the name of an enterprise, he or she should provide a copy of the business license and stamp the official seal on the copy of the business license. Provide the trademark text or pattern. If the color needs to be protected, the color pattern should also be provided. Goods or services that require registration can be provided based on the goods or services provided by the applicant. Provide a "Trademark Agency Power of Attorney" stamped with an official seal or signature.
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 means that the state stipulates 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. Mandatory provisions. Legal basis: Article 6 of the "Trademark Law" stipulates: "For goods that are stipulated by the state to use registered trademarks, they must apply for trademark registration. If the registration is not approved, they may not be sold in the market." At present, the only trademarks that are compulsorily registered in my country are: human medicines (Western medicines, injections and Chinese patent medicines) and tobacco products (cigarettes, cigars and packaged shredded tobacco).
(2) Registration principles
The so-called registration principles refer to the trademark owner’s Trademark mustConfirmation of the exclusive right to use a trademark must be approved and registered.
Legal basis: Article 3 of my country'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. Protected by law.”
(3) National Unified Registration Principle
Refers to our country The trademark registration work must be uniformly reviewed and approved by the national trademark authority. Article 2 of the Trademark Law clearly stipulates that "The Trademark Office of the Industrial and Commercial Administration Department of the State Council is 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 The first-to-file principle means that when two or more applicants apply for registration of the same or similar trademark on the same or similar goods, the trademark and the applicant who apply for registration first will obtain the exclusive right to trademark, and the applicant who applies later will obtain the exclusive right to trademark. The trademark registration application was rejected.
Legal basis: Article 29 of my country’s Trademark Law stipulates: “Two or more applicants shall apply for the same product or similar goods. If you apply for registration of an identical or similar trademark on goods, 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 other people’s applications will be rejected and will not be announced."
(5) First-to-use principle
Refers to the fact that the application (registration) cannot be confirmed first In this case, the principle of first user obtaining trademark registration shall be adopted. Article 29 of the "Trademark Law" stipulates that "two or more trademark registration applicants apply for registration of the same or similar trademarks on the same goods or similar goods. If the applications are made on the same day, the preliminary Examine and announce the trademark that has been used first, reject other people’s applications, and not announce it.” The so-called first-used principle here applies when other intellectual property rights (such as patent rights, copyrights) similar to trademark rights are encountered. When there is a conflict, it often plays an important decisive role. See: "Opinions on Handling the Conflict between Trademark Exclusive Rights and Design Patent Rights"
In summary As mentioned above, registered trademarks should follow the principles of combining voluntary registration and compulsory registration, the registration principle, the national unified registration principle, the first-to-file principle, and the first-to-use principle. Among them, the first-to-file principle means that for the same trademark, whoever applies for the trademark first shall use it exclusively. Who owns the rights and usesThe principle of prioritization is that the priority user obtains the exclusive right to a trademark. I hope the above content will 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.
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