What principles should be followed in trademark registration

1. Principle of trademark legality

According to relevant regulations, signs prohibited by law cannot be used to apply for registered trademarks. If there is a geographical indication of the trademark in the trademark, but the trademark does not originate from the region indicated by the trademark, which misleads the public, it will not be registered and its use is prohibited. Place names can be used if they have other meanings, or as part of collective trademarks or certification trademarks. In addition, registered trademarks using geographical names are still valid. If the agent or representative registers the trademark of the principal or representative in its own name without authorization, once the principal or representative raises an objection, the trademark will not be registered and its use is prohibited.

2. Voluntary registration principle

According to relevant regulations, unregistered trademarks can also be used, so you can decide whether to apply for trademark registration. China's law stipulates that a very small number of certain goods must be registered trademarks, such as tobacco products. However, unregistered trademarks are not protected by law. Users do not have the exclusive right to use trademarks, nor do they have the right to prohibit others from using similar or identical trademarks, except well-known trademarks. The registered trademark is protected by law, and the applicant has the exclusive right to use the trademark.

3. Principle of significance

In order to facilitate the identification of consumers, the applied trademark should be distinctive. There are many similar goods or services in the market, and consumers generally distinguish and select them through trademarks. Generally, signs or generic names that lack distinctiveness cannot be used when registering trademarks.

4. Principle of prior application

For similar goods or the same kind of goods, if there are two or more trademark registration applicants who apply for registration with similar or identical trademarks, the first trademark will be preliminarily approved and announced, while the application of others will be rejected and not announced.

5. Principle of prohibiting rush registration

The Trademark Law of China stipulates that it is not allowed to preempt the registration of trademarks that have been used by others and have formed a certain reputation through improper means, and it is not allowed to damage the existing prior rights of others. If we do not vigorously crack down on the malicious rush to register trademarks, the phenomenon of "rubbing heat", "clinging to famous brands", and even counterfeiting will emerge in endlessly, which will disrupt the normal market economic order.

6. Use first principle

If two or more trademark applicants apply for the registration of similar or identical trademarks for similar or identical goods on the same day, the trademark used earlier shall be preliminarily examined and announced, and the application of others will be rejected and not announced. If they have never been used before or have been used on the same day, the trademark applicant shall draw lots for decision.

Principle of trademark registration There are four basic principles of sequential trademark registration: voluntary registration as the main principle, compulsory registration as the auxiliary principle; The principle of prior application; We hope that the principle of single application and the principle of priority can help you to adopt.