During the trademark blind period, we will encounter a situation where trademarks are applied for on the same day. Many people do not know about trademark applications on the same day. Many friends do not know what to do when they apply for registered trademarks on the same day as others. Let’s talk about how applicants should deal with this situation.

1. Submit evidence of use to prove prior use of the trademark

In the case of trademark applications on the same day, the Trademark Office will first issue the "Trademark Registration Application on the Same Day" to the applicant involved in the same-day application. Notice of supplementary evidence of use”. Applicants are required to provide written evidence of actual use of the trademark within the specified time. The so-called evidence of actual use, according to Article 3 of the "Regulations for the Implementation of the Trademark Law", includes using the trademark on goods, commodity packaging or containers, and commodity transaction documents, or using the trademark in advertising, exhibitions, and other commercial activities. evidence. For applicants, there are several key points in providing evidence of use, namely timeliness, validity, and historical nature.

2. Strive for friendly negotiation to reach consensus and clearly agree on relevant rights and responsibilities

If the evidence provided is invalid or cannot prove prior use, the Trademark Office will report to Each applicant issues a "Notice of Negotiation on Application for Trademark Registration on the Same Day", requiring each applicant to negotiate on the trademark applied for on the same day. Applicants need to negotiate on the goods or services involved in the application on the same day, retain the application of one party and abandon the application of the other party(s). It is worth noting that the agreement reached between applicants on simultaneous applications can be a paid agreement or a free agreement, but it must comply with relevant legal provisions and a valid agreement text must be submitted to the Trademark Office within the prescribed time limit.

3. Prepare relevant materials and participate in the on-site lottery on time

If the negotiation fails within the specified time or a valid contract cannot be provided, the Trademark Office will issue a "Trademark Application" to all applicants. "Same-Day Application Lottery Notice" requires each applicant to bring relevant materials to the designated location at the specified time to participate in the same-day trademark application lottery. Under normal circumstances, the Trademark Office will draw lots on the same day for each organization in the first and second half of the year. There are also cases where the number of draws is temporarily increased. After receiving the notice, the applicant must prepare all relevant materials in strict accordance with the "Notice of Lottery for Application on the Same Day as Trademark Registration" and "Instructions for Lottery for Application on the Same Day as Trademark Registration" and participate in the on-site lottery on time to determine the ownership of the trademark. Examples of relevant precautions are provided.

After the lottery is over, the Trademark Office will confirm the right to apply first for the trademarks applied on the same day based on the results of the lottery (won by lottery, won naturally, and gave up without showing up). For the rejection of the application on the same day (partial rejection), the applicant can also submit a request for review of the rejection and file an objection to the other party's trademark based on the situation of general rejection or partial rejection.

Bajie Trademark Network provides trademark transfer services, purchasing trademarks can save time on trademark registration

How long is the minimum time to apply for trademark registration

How much does it cost to apply for a trademark? Application fee standards

Changzhou entrepreneurs apply for trademarks at the door