The first-to-file principle means that if two or more applicants apply for registration of the same or similar trademark on the same or similar goods, the Trademark Office will accept the trademark filed first. Registration application, subsequent trademark registration applications will be rejected. The priority of the application is determined based on the date when the applicant files the application for trademark registration. The application date for trademark registration is based on the date when the Trademark Office receives the application documents. Therefore, the date on which the application is received by the Trademark Office should be used as the criterion for determining the priority of the application.

While adhering to the principle of first to apply, my country’s trademark law also emphasizes the legitimacy of first to use and prevents unfair preemptive registration. Article 31 of the Trademark Law stipulates: Application for trademark registration shall not damage the existing prior rights of others, nor shall unfair means be used to preemptively register a trademark that has been used by others and has certain influence.

Relevant laws and regulations are as follows:

Article 29 of the "Trademark Law of the People's Republic of China" stipulates: "Two or more applicants for trademark registration, If an application is made for registration of an identical or similar trademark on the same kind of goods or similar goods, the trademark applied for earlier will be preliminarily reviewed and announced; if the application is made on the same day, the trademark previously used will be preliminarily reviewed and announced, and the application of others will be rejected. Not announced. ”