What are the principles for trademark registration application in China?

According to Chapter 2 of the Trademark Law, the application for trademark registration Article 22 The applicant for trademark registration shall fill in the category and name of the goods using the trademark in accordance with the prescribed commodity classification table, and submit an application for registration.

An applicant for trademark registration can apply for the registration of the same trademark in multiple classes of goods through a single application.

The application for trademark registration and other relevant documents may be submitted in writing or in the form of data messages.

Article 23 Where a registered trademark needs to obtain the exclusive right to use the trademark on goods outside the approved scope of use, a separate application for registration shall be filed.

Article 24 If a registered trademark needs to change its logo, it shall apply for registration anew.

Article 25.

If an applicant for trademark registration files an application for trademark registration in China for the same goods within six months from the date of the first application for trademark registration in a foreign country, the applicant may enjoy priority in accordance with the agreement signed between the foreign country and China or the international treaty to which it is a party, or in accordance with the principle of mutual recognition of priority.

If priority is claimed in accordance with the preceding paragraph, a written statement shall be made at the time of filing the application for trademark registration, and a copy of the first application for trademark registration shall be submitted within three months; If a written statement is not made or a copy of the trademark registration application is not submitted within the time limit, it shall be deemed that no priority is claimed.

Article 26 Where a trademark is used for the first time on a commodity exhibited at an international exhibition sponsored or recognized by China**, the applicant for registration of the trademark may enjoy the right of priority within six months from the date of the exhibition of the goods.

If priority is claimed in accordance with the preceding paragraph, a written statement shall be made at the time of filing the application for trademark registration, and the name of the exhibition on which the goods are exhibited, evidence of the use of the trademark on the exhibited goods, the date of exhibition and other supporting documents shall be submitted within three months; If no written statement is made or the supporting documents are not submitted within the time limit, it shall be deemed that priority has not been claimed.

Article 27 The matters declared and the materials provided for the application for trademark registration shall be true, accurate and complete.

1) The principle of combining voluntary registration and compulsory registration The so-called principle of voluntary registration refers to the fact that the trademark owner decides whether to apply for trademark registration according to his own needs and wishes. A trademark that has been applied for and approved by the Trademark Office of the State Administration for Industry and Commerce is a registered trademark. The registrant has the exclusive right to use the registered trademark, which is protected by law; Unregistered trademarks can also be used, but the user does not enjoy the exclusive right to use the trademark and must not conflict with the trademarks of others.

The so-called principle of compulsory registration refers to the mandatory provisions of the state that all trademarks used by producers and operators on certain goods or services must be registered in accordance with the law before they can be used. Article 6 of the Trademark Law stipulates that "goods that must be registered by the state must apply for trademark registration, and shall not be sold in the market without approval for registration".

2) Registration principle The so-called registration principle means that the trademark owner must approve the registration of his trademark before he can obtain confirmation of the exclusive right to use the trademark. (3) The principle of unified national registration means that the registration of trademarks in China must be uniformly reviewed and approved by the national trademark authorities. Article 2 of the Trademark Law clearly stipulates that "the Trademark Office of the Administration for Industry and Commerce shall be in charge of the registration and management of trademarks nationwide".

4) First-to-file principle (also known as first-to-register principle) The so-called first-to-file principle means that when two or more applicants apply for registration of the same or similar trademark on the same or similar goods, the trademark and the applicant who applied for registration earlier obtain the exclusive right to use the trademark, and the subsequent trademark registration application is rejected. (5) First-to-use principle refers to the principle that the first user to obtain trademark registration is adopted when it is not possible to confirm the application (registration) first. Article 29 of the Trademark Law stipulates that "if two or more applicants for trademark registration apply for registration with the same or similar trademark on the same or similar goods, and the application is made on the same day, the trademark that was used earlier shall be preliminarily examined and announced, and the application of other persons shall be rejected and shall not be announced." ”

1) The principle of combining voluntary registration and compulsory registration.

2) Registration Principles.

3) The principle of national unified registration.

4) The first-to-file principle (also known as the first-to-register principle).

5) First-to-use principle.

Although the Trademark Law and its implementation rules do not separately stipulate the principle of applying for trademark registration, it is clearly reflected in its relevant provisions, that is, the application principle of "one trademark for one type of goods". In China, the application for trademark registration should follow this principle in strict observance. It indicates that only one trademark is allowed in the same application and is limited to the same class of goods.

The same principle applies to service marks, i.e., service mark applications are filed in accordance with the requirements of one application, one trademark and one class of services.

Article 29 of the Trademark Law of the People's Republic of ChinaDuring the examination process, if the Trademark Office considers that the content of the trademark registration application needs to be explained or amended, it may require the applicant to make an explanation or amendment. If the applicant fails to make an explanation or amendment, it will not affect the Trademark Office's decision on examination. Trouser shed.

Legal analysis: China's trademark law stipulates that the original rules for trademark registration applications: 1. The principle of combining voluntary registration and compulsory registration.

2. The principle of distinctiveness. 3. The principle of trademark legality. 4. When examining and announcing the trademark registration application, adhere to the principle of first application and first use.

5. The principle of prohibiting the preemptive registration of trademarks.

Legal basis: Trademark Law of the People's Republic of China

Article 19 The trademark institution shall follow the principle of good faith, abide by laws and administrative regulations, and handle the trademark registration application or other trademark matters in accordance with the entrustment of the first person; It shall have the obligation of confidentiality to keep confidential the business secrets of the respondent learned in the course of the first process. If the trademark applied for registration by the client may not be registered under this Law, the trademark ** agency shall clearly inform the client. If the trademark ** institution knows or the friend chain should know that the trademark applied for registration by the client belongs to the circumstances specified in Articles 4, 15 and 32 of this Law, it shall not accept its entrustment.

In addition to the application for its ** service, the trademark ** institution.

In addition to trademark registration, no other trademark registration is allowed.

Article 32 An application for trademark registration shall not infringe upon the existing prior rights of others, nor shall it preemptively register a trademark that has been used by others and has a certain influence by improper means.