What principles should be followed when registering a trademark?

What principles should be followed in Trademark registration

1. Registration principles

The so-called registration principles are Refers to the exclusive right to trademark obtained through registration. Regardless of whether the trademark is used or not, as long as it complies with the provisions of the Trademark Law and is approved and registered by the trademark authority, the applicant will obtain the exclusive right to the trademark and be protected by law.

2. The principle of first to apply

The principle of first to apply is One of the important procedural principles derived from the registration principle. It is an effective method to determine who owns the exclusive rights to the trademark based on the time when the application is submitted. Therefore, Article 31 of the Trademark Law stipulates: “If two or more trademark registration applicants apply for registration of identical or similar trademarks on the same goods or similar goods, the application shall be initially reviewed and announced. If the application is made on the same day, the earlier trademark will be preliminarily reviewed and announced, and other applications will be rejected and will not be announced.

3. The principle of good faith

The principle of good faith requires civil subjects to maintain a balance of interests between the parties, as well as the interests of the parties and the interests of society in civil activities In the interest relationship between parties, the principle of good faith requires respecting the interests of others and treating other people's affairs as one's own, so as to ensure that all parties involved in the legal relationship can get the benefits they deserve and must not benefit themselves at the expense of others. .

IV. Principle of voluntary registration

The so-called "principle of voluntary registration" ” means that whether a trademark used by an enterprise is registered or not is entirely decided by the enterprise. Article 4 of the Trademark Law: If a natural person, legal person or other organization needs to obtain the exclusive right to use a trademark for its goods or services during production and business activities, it shall Apply to the Trademark Office for trademark registration. The provisions of this Law on commodity trademarks apply to service trademarks.

5. Principles of centralized registration and hierarchical management

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Based on the characteristics of the market economy and trademarks themselves, trademark registration should break the division between departments and regions, and the Trademark Office should be responsible for the review and approval of trademarks. registration work. To this end, "Article 2 of the Trademark Law stipulates: The Trademark Office of the Industrial and Commercial Administration Department of the State Council is responsible for the registration and management of trademarks nationwide. The industrial and commercial administration department of the State Council has established a Trademark Review and Adjudication Committee to handle trademark disputes. This determines that the Trademark Office of the State Administration for Industry and Commerce is responsible for handling trademark registration nationwide, and no other agency has the right to handle trademark registration, clarifying the principle of centralized registration. Hierarchical management refers to the industrial and commercial administration agencies at all levels carrying out trademark management work in their respective regions in accordance with legal provisions.

6. The principle of parallel administrative protection and judicial protection

For trademark infringement, the infringed party can choose to have it handled by the industrial and commercial administrative authorities or file a lawsuit in the People's Court. If the infringed party files a complaint to the industrial and commercial administration authorities, the industrial and commercial administrative authorities may, based on the valid evidence provided by the infringed party or the evidence obtained during its own investigation, order the infringer to immediately stop its infringing behavior, compensate the infringed party for its losses, and also A fine can be imposed at the same time. If the parties concerned are dissatisfied with the penalty decision made by the industrial and commercial administrative authorities, they may file a lawsuit in the People's Court.