1, principle of first application
The principle of prior application, also known as the principle of prior registration, means that two or more applicants for trademark registration apply for registration with the same or similar trademark on the same or similar goods, and the applicant who applies for the trademark first can obtain the exclusive right to use the trademark, and the subsequent application for trademark registration will be rejected. If the application is made on the same day, the prior trademark shall be preliminarily examined and announced, and the application of others shall be rejected without announcement; If it is used or not used on the same day, the applicant can settle it through consultation. If negotiation fails, the applicant will draw lots to decide.
While adhering to the principle of first application, China's trademark law also emphasizes the legality of first use to prevent improper cybersquatting. Article 3 1 of the Trademark Law stipulates that the application for trademark registration shall not damage the prior rights of others, nor shall it preempt the registration of trademarks that others have used and have certain influence by unfair means.
2. The principle of voluntary registration
The principle of voluntary registration means that whether a trademark user applies for trademark registration depends on his own wishes. According to the principle of voluntary registration, trademark registrants enjoy the exclusive right to their registered trademarks and are protected by law. Unregistered trademarks can be used for production services, but their users do not enjoy exclusive rights and have no right to prohibit others from using the same or similar trademarks on the same or similar goods, except well-known trademarks.
There are also the principles of compulsory registration and priority use.
3. The principle of compulsory registration
While implementing the principle of voluntary registration, China has stipulated the principle of compulsory registration of trademarks used in very few commodities as a supplement to the principle of voluntary registration. At present, only tobacco products, including cigarettes, cigars and packaged shredded tobacco, must use registered trademarks. It is forbidden to use unregistered trademarks to produce and sell tobacco products.
4, the application of the principle of priority
According to the provisions of Article 29 of the Trademark Law: "If two or more applicants for trademark registration apply for registration with the same or similar trademarks on the same or similar goods, they shall make a preliminary examination of the trademark applied earlier and make an announcement; If the application is made on the same day, the prior trademark will be preliminarily examined and announced, and the application of others will not be announced and rejected. " This principle often plays an important and decisive role when it conflicts with other intellectual property rights similar to trademark rights (such as patents and copyrights).
5. The principle of separate registration of trademarks
The principle of separate registration of trademarks mainly refers to the principle of applying for Chinese, English, pinyin, graphics and other elements in a combined trademark separately. This is mainly determined by the registration review principle of China Trademark Office. The state implements the principle of separate examination of various elements of trademarks, namely, Chinese, English, pinyin, graphics, etc. Separate examination, any part of the examination failed to return the whole trademark and resubmit the application.
In addition, the principle of separate registration of trademarks is to facilitate the use and protection of trademark owners. A separately registered trademark can be used alone or separately, which is more convenient for the use and protection of products, packaging, advertisements, exhibitions, etc.
legal ground
the trademark law of the people's republic of china
Article 3 Trademarks approved for registration by the Trademark Office are registered trademarks, including commodity trademarks, service trademarks, collective trademarks and certification trademarks; Trademark registrants enjoy the exclusive right to use trademarks and are protected by law.
The term "collective trademark" as mentioned in this Law refers to a sign registered in the name of a group, association or other organization for members of the organization to use in business activities, so as to show the membership of users in the organization.
The term "certification trademark" as mentioned in this Law refers to a mark controlled by an organization with the ability to supervise goods or services and used by units or individuals outside the organization to prove the origin, raw materials, manufacturing methods, quality or other specific qualities of the goods or services.
Special matters concerning the registration and management of collective trademarks and certification trademarks shall be stipulated by the administrative department for industry and commerce of the State Council.
Article 7 The application for registration and use of trademarks shall follow the principle of good faith.
A trademark user shall be responsible for the quality of the goods in which he uses the trademark. The administrative departments for industry and commerce at all levels shall stop cheating consumers through trademark management.
Article 8 Any sign that can distinguish the commodities of natural persons, legal persons or other organizations from those of others, including words, figures, letters, numbers, three-dimensional signs, color combinations, sounds and combinations of the above elements, may apply for registration as a trademark.