What does priority mean in a trademark registration application?

The so-called priority refers to the priority right enjoyed by the applicant for trademark registration on the application date of the trademark registration. Paragraph 1 of Article 24 of the Trademark Law stipulates that if an applicant for trademark registration files an application for registration of the same trademark for the same goods in China within six months from the date of the first application for trademark registration of the trademark in a foreign country, the applicant may enjoy the right of priority in accordance with the agreement signed by the foreign country and China or the international treaty to which the foreign country and China are parties, or in accordance with the principle of mutual recognition of priority.

Paragraph 1 of Article 24 of the Trademark Law stipulates that if an applicant for trademark registration files an application for registration of the same trademark for the same goods in China within six months from the date of the first application for trademark registration of the trademark in a foreign country, the applicant may enjoy the right of priority in accordance with the agreement signed by the foreign country and China or the international treaty to which the foreign country and China are parties, or in accordance with the principle of mutual recognition of priority. The so-called priority refers to the priority right enjoyed by the applicant for trademark registration on the application date of the trademark registration. The principle of priority in trademark registration applications is an important principle stipulated in the Paris Convention and the agreements relating to intellectual property rights.

Specifically, if any person or his successor has duly filed an application for trademark registration in one of the countries of the Union, he or she shall have priority over the application for unified trademark registration filed in other countries within six months from the date of the first application. For example, if an enterprise files an application for trademark registration in China on March 1, 2004, and then files an application for registration of the same trademark for the same goods in other member countries on May 30, 2004, according to the principle of priority, the date of an enterprise's trademark application in a member state is not May 30, 2004, but the date of the first application in China, March 1, 2004.

Because trademark registration in many countries implements the first-to-file principle, the advance of the filing date is of great significance for determining trademark rights. The following points should be paid attention to in applying for priority: (1) The Paris Convention for the Protection of Industrial Property and the Agreement on Intellectual Property Rights Related to ** stipulate that citizens of member countries enjoy the priority right of trademark registration applications (China is a member of the above-mentioned conventions and agreements).

That is, nationals or foreign enterprises with domicile or business establishments in member countries or economies enjoy such preferential national treatment. (2) The priority period shall be within 6 months from the date of the first application for trademark registration filed by the applicant for trademark registration. If the time limit has expired, the priority is no longer enjoyed.

3) The right of priority must be the same as the first trademark registration application, that is, the constituent elements and arrangement of the trademark must be the same, and the application must be for the same goods or services. If there is a change, there is no priority. (4) When applying for trademark registration, the applicant shall submit a declaration of priority in writing.

and submit a copy of the documents of the first application for trademark registration within 3 months at the latest. Failure to make a declaration or failure to submit a copy of the document within 3 months. Priority is deemed not to have been claimed.

In addition, Article 25 of the Trademark Law also stipulates that a trademark used for the first time on goods exhibited at an international exhibition hosted or recognized by China** shall also enjoy the right of priority for registration within 6 months from the date of display of the goods.

The so-called trademark registration application means that your registration application has been officially accepted, and the relevant information of the trademark applied for registration has also been entered into the examination system of the Trademark Office. However, when the trademark registration application is in the state at the same time, it also means that the trademark registration has not been completed.

According to the application date, the priority is who applies first to register the trademark registration route: First, directly submit the application to the Beijing State Trademark Administration Application fee 1000 Second, entrust the ** agency to help you apply for the application fee 1000 + ** fee 600 Information required for registered trademark: Individual registration, provide a copy of the individual license and ID card Company registration, provide a copy of the company's license with the official seal You can get the acceptance letter in about one month You can get the registration certificate in about one and a half years, and the use period is 10 years.

According to Article 9 of the Trademark Law of the People's Republic of China (hereinafter referred to as the "Trademark Law") and Article 4 of the Paris Convention for the Protection of Industrial Property (hereinafter referred to as the "Paris Convention"), any person in the Union for the Protection of Industrial Property or his successor who has formally filed an application for trademark registration in a member country of the Paris Convention may enjoy priority if he or she files an application for trademark registration in China for the same trademark on the same goods within 6 months after the first application. In specific work practice, there are various problems when the application of some trademark agencies claims priority. Oh.

That is, if the trademark is used for the first time at an exhibition recognized by the state before registration, it has a priority of six months.

What does "priority" mean in a trademark registration application? An enterprise, a company, presumably the most important thing is its own logo, which is its own commodity attributes, or it may be its own commodity brand. Commodity branding is essential for every company and every individual economy.

Because as long as there is a brand, the industry will start, the industrial chain will flow, the entire enterprise will develop, and the entire real economy will be driven. <>

So there's no doubt about the importance of branding. A good company and a good brand will maximize the profits of their products, and at the same time bring their product traffic to the highest. But many businesses and individuals face such a problem.

Trademark registration is actually more complicated and difficult. In the process of trademark registration, there are many rules that we cannot overcome, and we must abide by the regulations and act according to the requirements. <>

Therefore, there are many problems that arise in trademark registration, such as trademark squatting. Or a trademark or brand, which already exists. At the same time, some trademark applications will have priority.

So what does this priority mean? Many people don't understand. Let's break it down.

This priority, as the name suggests, is that your trademark is passed first compared to others. This is just like the registration for the college entrance examination, through real-time dynamics, if the admission scores are the same, the university will make a comprehensive comparison based on the two candidates. In some schools, English is the preferred subject, that is, if two candidates have the same test score and the same admission score, but only one can be admitted, who will be admitted in this case?

In this case, if English is the preferred choice, then the candidate with high English will have a higher priority, so the university will give priority to the candidate with high English first. The same goes for it. Priority in trademark registration also means.

If two business sources are bidding applicants, their conditions and materials are similar. The party with priority has priority in approving the application. <>

The priority system is an important system for the application and grant of patents and trademarks. The first-to-file principle is generally adopted in patent and trademark applications, and in order to obtain the corresponding intellectual property rights in each country in a timely manner, the applicant needs to file an application with the relevant authorities of each country as soon as possible. However, it takes time to prepare and translate the application documents, as well as to raise the application fee, so it is practically difficult for the applicant to file an application with each country at the same time.

However, if the applicant does not file it at the same time, it is possible that others will take advantage of the loophole and apply first. In order to solve this problem, the Paris Convention provides for a priority system, which means that an applicant who files an application for registration of an invention patent, utility model, design or trademark in a Contracting State and files another application for the same registration with another member within a specified time limit may enjoy the right of priority. In other words, the date of the first filing of an application in a member state can be regarded as the priority date of filing a later application with another member, and it can be used as the starting date for conducting a search of prior art, etc., to determine whether or not a grant can be granted, and it will not be affected by the filing of the same application by another person within the above-mentioned time limit.

For example, if an applicant files an application for a patent in one country on January 5, 2018, and an application for an equally invention-creation in another Contracting State on May 7, 2019, the later application may have January 5, 2018, the filing date of the earlier application, as the priority date. Different intellectual property rights enjoy different priority periods, ranging from 12 months for inventions and utility models and 6 months for designs and trademarks.

Legal Analysis: The so-called priority refers to the priority right enjoyed by the applicant for trademark registration on the application date of the trademark registration.

Specifically, it means that any person or his/her successor in rights who has duly filed an application for trademark registration in one of the countries of the Union shall have priority over the application for unified trademark registration filed in another country within six months from the date of the first application.

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

Article 25 Where an applicant for trademark registration files an application for registration of the same trademark in China with the same trademark for the same goods within six months from the date of the first application for trademark registration in a foreign country, the applicant for trademark registration may enjoy the right of priority in accordance with the agreement signed between the foreign country and China or the international treaty to which the foreign country is a party, or in accordance with the principle of mutual recognition of the right 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 the written statement is not submitted or the copy of the trademark registration application is not submitted within the time limit, it shall be deemed that priority is not 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.

The function of trademark priority is to protect the first-time applicant, and its trademark will not be preemptively registered by a third party in other countries and China. If priority is claimed, a copy of the documents submitted by the applicant for the first application for trademark registration shall be certified by the competent trademark authority that accepts the application, and the date of application and the application number shall be indicated.

[Legal basis].

Article 25 of the Law on the Correction of Bids for Commercial Branches.

If an applicant for trademark registration files another trademark application for the same trademark 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 the right of priority in accordance with the agreement signed between the foreign country and China or the international treaty to which the foreign country 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 20 of the Regulations for the Implementation of the Trademark Law of the People's Republic of China.

If priority is claimed in accordance with Article 25 of the Trademark Law, a copy of the first application for trademark registration submitted by the applicant shall be certified by the competent trademark authority that accepts the application, and the date and number of the application shall be indicated.

What should we pay attention to when registering a trademark in the early stage of a business? How do I get a priority registration? First of all, we should know what is the right of priority registration, that is, the trademark has not been registered on the Internet and the Industrial and Commercial Bureau, and there is no misappropriation of the name.

This can be referred to as a priority registration.

InfringementTrademark registration must first involve one's own logo, and cannot imitate and steal other logos, so disturbance is an infringement. We can also often see on TV that some manufacturers are accused of infringement because they have stolen other people's logos. Some companies are specifically designed for those who need to design logos.

So how to ensure non-infringement at the same time, involving a manufacturer's trademark that can be remembered by consumers, has become a problem that many companies are worried about.

In my opinion, there are many things that need to be paid attention to in order to be favored by young people, such as being innovative in design and not applying it. To achieve the beauty of the logo font, and in the design junior high school, you must be clear about what your brand does. In today's society with more young people, some Internet celebrity theme Internet celebrity style logos are more favored by young people.

If you are afraid that your trademark will be duplicated with others and you will not get the priority registration right, then you can choose some more novel logos.

Before designing a trademark and looking for a company specializing in designing a logo, you must ask the industrial and commercial bureau clearly to make sure that the brand and trademark you want to create do not conflict with others. Once you've determined what your brand image is, you can choose a logo that suits your company's characteristics. Many companies don't pay attention to the design and selection of logos, because they don't feel the need to spend a lot of time on this, but on the other hand, those companies that have created a long-lasting brand culture often spend a lot of money to choose their own logos.

The purpose is to make their brand image feel eye-catching. So let's not make our company lose money by taking advantage of the momentary advantage.