1. Where to apply for general trademark registration
1. You can go in person The registration hall of the Trademark Office can handle the process, or you can entrust a trademark agency to handle it;
(1) If you entrust a trademark agency to handle the process, the applicant can voluntarily choose any trademark agency. Please contact the trademark agency registered with the bureau. All trademark agencies registered with the Trademark Office are published in the "Agency" column;
(2) If the applicant goes directly to the Trademark Hall to apply, People can follow the following steps:
Inquiry before applying for trademark registration (optional procedure); prepare application documents; submit application documents at the trademark hall acceptance window; Confirm the submission of the application at the coding window; pay the trademark registration fee at the payment window and receive a receipt for the fee; after the applicant receives the receipt, the submission of the trademark registration application is completed. The Trademark Office will issue various documents to the applicant. Please refer to the "Trademark Registration Flow Chart" for the trademark registration review procedure. After receiving the "Notice of Received Trademark Registration Certificate", the applicant should go to the Trademark Hall to receive the "Trademark Registration Certificate". Please refer to the "Trademark Registration Flow Chart" for the sequence. After receiving the "Notice of Received Trademark Registration Certificate", the applicant shall go to the Trademark Hall to receive the "Trademark Registration Certificate";
2. Legal basis: Article 18 of the "Trademark Law of the People's Republic of China" When applying for trademark registration or handling other trademark matters, you can handle it yourself or entrust a trademark agency established in accordance with the law to handle it. When foreigners or foreign enterprises apply for trademark registration and handle other trademark matters in China, they should entrust a trademark agency established in accordance with the law to handle it.
2. What are the basic principles of trademark law
1. Registration principles
Registration is a process of confirming the ownership of the exclusive rights of a trademark. There are two basic principles adopted by trademark laws around the world to confirm the exclusive rights of a trademark. One is the registration principle, and the other is the use principle. The so-called registration principle, It means that the exclusive right of a trademark is 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 by the trademark authority for registration, the applicant will obtain the exclusive right of the trademark and be protected by the law. The principle of use refers to the trademark Rights can be generated through use. According to this principle, the first user can obtain the exclusive right to use a trademark. Article 3 of China’s Trademark Law stipulates: “A trademark approved and registered by the Trademark Office is a registered trademark, and the registrant of the trademark enjoys the exclusive right to use the trademark. rights, protected by law. ” It can be seen that China’s Trademark Law adopts the registration principle;
2. The first-to-file principle
The first-to-file principle is one of the important procedural principles derived from the registration principle. Since the exclusive right of a trademark is generated based on registration, it is necessary to apply for registration of the same or similar trademark on the same or similar goods. It is not always the same person, so it is an effective method to decide who owns the exclusive right to the trademark based on the time when the application is submitted. According to this principle, even if a trademark has been used for many years, if it is not applied for in time If you register, you will also lose the opportunity to register because someone else applies first, and you will not get the exclusive right to the trademark. Of course, there are times when the principle of first to apply does not work, and there are situations where more than two trademarks apply for registration on the same day. When the situation arises, other methods must be used to determine the ownership of exclusive rights;
3. Principle of good faith
The principle of good faith is a basic principle in the field of civil law. The principle of good faith requires civil subjects to maintain the balance of interests between the parties in civil activities, as well as the balance between the interests of the parties and the interests of society. In 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 in the legal relationship can get the benefits they deserve and not benefit themselves at the expense of others. When special circumstances occur, When the interest relationship between the parties is out of balance, adjustments should be made to restore the balance of interests, thereby maintaining a certain social and economic order. In the interest relationship between the parties and society, the principle of good faith requires that the parties shall not harm the third party through their own civil activities. The interests of the three persons and society must be exercised within the legal scope of rights and in a manner consistent with their socioeconomic purposes.
It should be noted that if The trademark registration application was rejected. On the one hand, the applicant has paid the trademark registration fee, and on the other hand, he has reapplied for registrar.The bid will take time, and it is still unknown whether the re-application will be approved for registration. Therefore, before applying for a registered trademark, it is best for applicants to conduct a trademark search to understand the status of prior rights, and then make a judgment based on the search results before submitting the application. I hope the 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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