Can I register the same trademark as someone else?

Can the same trademark be registered? Article 31 of the Trademark Law stipulates that "where two or more applicants for trademark registration apply for registration with the same or similar trademark on the same or similar goods, the trademark for which the application has been made shall be preliminarily examined and announced; If the application is made on the same day, the trademark that has been used earlier shall be preliminarily examined and announced, and the application of others shall be rejected and no announcement shall be made. ”

Therefore, if the same trademark is on the same kind of goods or similar goods, and the same or similar registered trademark already exists, it cannot be registered again.

If the same trademark has not yet been registered, then the same trademark can be registered. In addition, it is possible to register under different trademark classes.

If you don't know whether the trademark can be registered, you can consult the standard pigeon for free. Trademark registration is a work that requires high professionalism, and the key to registering a trademark lies in a comprehensive search and evaluation analysis. Professional trademark ** agencies conduct inquiries according to the trademark drawings and registered trademark categories to be registered, timely feedback the query results, and give professional trademark registration suggestions in combination with actual needs, which greatly reduces the probability of registered trademark applications.

OK. As long as the trademark is not registered, or if there are not two or more different applicants applying for the same trademark name at the same time, it can be registered.

Article 31 of the Trademark Law stipulates that "where two or more applicants for trademark registration apply for registration with the same or similar trademark on the same or similar goods, the trademark for which the application has been made shall be preliminarily examined and announced; If the application is made on the same day, the trademark that has been used earlier shall be preliminarily examined and announced, and the application of others shall be rejected and no announcement shall be made. For related questions, please consult the Huizhou trademark registration company.

Hello, when the trademark is registered, if it is found to be the same as someone else's trademark, it is very likely that it will not be registered. It is recommended to conduct a pre-registration inquiry through the Trademark Office or the Knowledge Committee before registration to improve the success rate of registration.

I just sent a message first, and then she called**, and I really couldn't accept it at the time.

Legal Analysis: Trademarks can be registered in the same different classes. The trademark registration number is the same, which means that when registering a trademark, the same trademark is registered in different categories through a trademark registration application document.

In other words, the same trademark registration number is used for the trademark name applied for in the same document. If the trademark is registered by the same company, it means that different trademark registration documents were submitted when the trademark was registered. If different companies register the same trade name, it means that different companies have registered different trademark classifications in the trademark classification.

Legal basis: Article 20 of the Trademark Law of the People's Republic of China Where an applicant for trademark registration applies for registration of the same trademark on different classes of goods, he shall apply for registration according to the commodity classification table.

Trademark infringement is the act of trademark infringement, which refers to the use of a trademark identical or similar to the registered trademark on the same or similar goods without the permission of the trademark owner, or other acts that interfere with or hinder the trademark owner's use of the registered trademark and damage the legitimate rights and interests of the trademark owner.

The infringer is usually liable to stop the infringement, and the infringer who knows or should know that it is the infringer is also liable for compensation. where the circumstances are serious, criminal responsibility must also be borne. The infringer usually bears the responsibility to stop the infringement, and the perpetrator who knows or should know that it is the infringer also bears the responsibility of compensation.

If the circumstances are serious, they must also bear criminal responsibility, and China's Criminal Law has special provisions for intellectual property crimes.

1. It is an infringement of the exclusive right to use a registered trademark.

1) Without the permission of the trademark registrant, the trademark identical to the registered trademark is used on the same goods;

2) Without the permission of the trademark registrant, the use of a trademark similar to the registered trademark on the same goods, or the use of a trademark identical or similar to the registered trademark on similar goods, which is likely to cause confusion;

3) Selling goods that infringe upon the exclusive right to use a registered trademark;

4) Forging or manufacturing the logo of another person's registered trademark without authorization, or selling the logo of a registered trademark that is forged or manufactured without authorization;

5) Replacing the registered trademark without the consent of the registrant of the trademark and putting the goods with the replaced trademark on the market;

6) Intentionally facilitating the infringement of others' exclusive right to use a trademark, or helping others to infringe upon the exclusive right to use a trademark;

7) Causing other damage to the exclusive right to use a registered trademark of another person.

However, in fact, the exclusive right to use a trademark protected by the Trademark Law is exercised by the subject; Exercising different rights forms different rights subjects; The infringing acts stipulated are all carried out by the subject, and the subject who commits different acts forms different infringing subjects. Therefore; Grasping trademark infringement from the perspective of the subject seems to be more conducive to understanding the relationship between the subject, the right to sue and the liability.

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

Article 8 Any sign that can distinguish the goods of a natural person, legal person or other organization from the goods of others, including words, graphics, letters, numerals, three-dimensional signs, color combinations and sounds, as well as the combinations of the above-mentioned essential elements, may be applied for registration as a trademark.

Article 9 The trademark applied for registration shall have distinctive features that are easy to identify and accompany the trademark, and shall not conflict with the prior legal rights of others.

The trademark registrant has the right to indicate "Registered Luroll Trademark" or the registered mark.

Legal basis: Law of the People's Republic of China on Hidden Labels

Article 8 Any sign that can distinguish the goods of a natural person, legal person or other organization from the goods of others, including words, graphics, letters, numbers, three-dimensional signs, color combinations and sounds, as well as the combination of the above-mentioned elements, may be applied for registration as a trademark.

Article 9 The trademark applied for registration shall have distinctive features that are easy to identify, and shall not conflict with the prior legal rights of others.

The trademark registrant has the right to indicate the "registered trademark" or the registered mark.

The registration of a trademark identical to that of another person obviously constitutes an infringement, but if the content is only similar and the trademark administration department allows the registration of the trademark administration, then it does not constitute an infringement. The infringer is usually liable to stop the infringement, and the infringer who knows or should know that it is the infringer is also liable for compensation. where the circumstances are serious, criminal responsibility must also be borne.

The infringer usually bears the responsibility to stop the infringement, and the perpetrator who knows or should know that it is the infringer also bears the responsibility of compensation. where the circumstances are serious, criminal responsibility must also be borne.

Legal basisArticle 57 of the Trademark Law.

Committing any of the following acts; All of them are infringing the exclusive right to use a registered trademark: (1) without the permission of the trademark registrant, using a trademark identical to its registered trademark on the same kind of goods; (2) Without the permission of the trademark registrant, using a trademark similar to its registered trademark on the same kind of goods, or using a trademark identical or similar to its registered trademark on similar goods, which is likely to cause confusion; 3) Selling goods that infringe upon the exclusive right to use a registered trademark; 4) Forging or manufacturing the logo of another person's registered trademark without authorization, or selling the logo of a registered trademark that is forged or manufactured without authorization; (5) Without the consent of the trademark registrant, the registered trademark is replaced and the goods with the replaced trademark are put on the market; 6) Intentionally facilitating the infringement of others' exclusive right to use a trademark, or helping others to infringe upon the exclusive right to use a trademark; 7) Causing other damage to the exclusive right to use a registered trademark of another person.