1. Submit the use evidence to prove the prior use of the trademark.
Article 31 of China's Trademark Law stipulates the supplementary principle of the principle of first application? The principle of prior use, that is, when two or more applicants for trademark registration apply for registration on the same commodity or similar trademark on the same day, they will preliminarily examine and approve the previous trademark and make an announcement.
2. Friendly negotiation and self-settlement.
If the use evidence provided by both parties is invalid, or used or not used on the same day, they cannot be separated? Win or lose? The Trademark Office will issue a Notice of Consultation on Trademark Registration Application to each applicant on the same day. According to Article 19 of the Regulations for the Implementation of the Trademark Law, the applicant may settle the matter through consultation within 30 days from the date of receiving the notice from the Trademark Office, and submit a written agreement to the Trademark Office. This means that one or more parties will give up applying for the trademark. However, based on the principle of equality and voluntariness, both parties can reach a paid or unpaid agreement according to their respective needs, as long as the contents of the agreement comply with relevant laws and regulations.
3, can not be ignored, on-site lottery.
If the applicant is unwilling to settle through consultation, or fails to settle through consultation within the specified time, the Trademark Office will notify the applicant to draw lots to determine an applicant and reject the registration application of others. However, this does not mean that applicants can't do anything. Leave it to fate? .
On the Notice of Drawing on the Same Day for Trademark Application issued by the Trademark Office, the time, place and relevant materials required for the applicant to participate in the same day for trademark application are clearly marked. After receiving the notice, the applicant needs to prepare relevant materials in strict accordance with the regulations and participate in the on-site lottery on time. If the applicant fails to participate in the lottery on time or the materials are incomplete, it shall be deemed as giving up the application, and the Trademark Office shall reject the applicant's application for trademark registration. Therefore, applicants who participate in the lottery must read the relevant notices and regulations carefully, and must not miss the opportunity because of carelessness.
trade mark registration