Dry goods sharing; ; Who should apply for a similar trademark on the same day?

As we all know, the principle of "application first" is applied in trademark registration in China, that is, if different applicants apply for trademark registration in the same category of goods or similar goods, the Trademark Office will preliminarily examine and approve the trademark with the earlier application date according to the date of receiving the application documents. However, what if the trademark application date is the same? 1. Submit evidence to prove the prior use of the trademark. Article 31 of China's Trademark Law stipulates the supplementary principle of the principle of prior application-the principle of prior use. That is to say, when two or more applicants for trademark registration apply for registration on the same commodity or similar trademark with the same or similar trademark, the use of the previous trademark will be preliminarily examined and announced. Generally speaking, if it is a trademark applied for on the same day, the Trademark Office will issue a Notice of Supplementary Use Evidence to the applicant applying for trademark registration on the same day. The applicant must submit evidence of the prior use of the trademark within 30 days from the date of receiving the notice from the Trademark Office. So, what can be used as evidence of trademark use? Article 48 of China's Trademark Law stipulates that' the use of trademarks refers to the use of trademarks in commodities, commodity packaging or containers, commodity trading documents, or in commercial activities such as advertisements and exhibitions to identify the source of commodities.' Therefore, trademark use behaviors that meet the above standards, such as liquor production enterprises printing trademarks on wine bottles, automobile production enterprises embedding trademarks in the front of automobiles, and enterprises repeatedly displaying their trademarks in advertising videos, can be submitted as trademark use evidence.

2. Friendly negotiation and self-settlement. If the evidence provided by both parties is invalid, or there is a situation that the winner cannot be separated on the same day, the Trademark Office will issue a Notice of Consultation on the Day of Trademark Registration Application to all applicants. According to Article 19 of the Regulations for the Implementation of the Trademark Law, the applicant may settle the matter through self-negotiation 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. It can't be ignored. If the on-site lottery is unwilling to be settled through negotiation, or negotiation fails within the specified time, the Trademark Office will notify the applicant to determine an applicant by lottery and reject the registration application of others. However, this does not mean that applicants can do nothing and leave their fate to chance. 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.