In practice, trademark law is specifically used to protect registered trademarks. Registered trademarks refer to all graphics, text, sounds, etc. that have been registered and filed as trademarks of the brand. So my country’s trademark law What are the basic principles of the regulations? After reading the following content, it will definitely be helpful to you.

What are the basic principles stipulated in my country’s trademark law?

1. Registration Principles

Registration is a process of confirming the ownership of exclusive rights to a trademark. There are two basic principles adopted by the trademark laws of various countries in the world to confirm the exclusive right of trademarks, one is the registration principle, and the other is the use principle. The so-called registration principle means that the exclusive right to trademark is obtained through registration. Regardless of whether the trademark is used or not, as long as it complies with the provisions of the Trademark Law and is approved and registered by the trademark authority, the applicant will obtain the exclusive right to the trademark and be protected by law. The principle of use means that trademarks can generate rights through use.

2. First to apply principle

The first to apply principle is one of the important procedural principles derived from the registration principle. Since the exclusive right to use a trademark is generated based on registration, and there is not always one person applying for registration of the same or similar trademark on the same or similar goods, then the time at which the application is submitted determines who owns the exclusive right to the trademark. Whoever owns it is an effective method. Therefore, Article 18 of the Trademark Law stipulates: “If two or more applicants apply for registration of the same or similar trademarks on the same goods or similar goods, the one with the earlier application shall be preliminarily reviewed and announced. trademark". This is the first-to-apply principle. According to this principle, even if a trademark has been used for many years, if you do not apply for registration in time, you will lose the opportunity to register because someone else applied first, and you will not get the exclusive right to the trademark.

3. Principle of good faith

The principle of good faith requires civil subjects to maintain a balance of interests between the parties in civil activities, as well as a balance between the interests of the parties and the interests of society. . In the interest relationship between parties, the principle of good faith requires respecting the interests of others and treating other people's affairs as one's own, so as to ensure that all parties involved in the legal relationship can get the benefits they deserve and not benefit themselves at the expense of others. When special circumstances occur that cause the interest relationship between the parties to be out of balance, adjustments should be made to restore the balance of interests, thereby maintaining a certain social and economic order. In the interest relationship between the parties and society, the principle of good faith requires that the parties shall not damage the interests through their own civil activities.

4. Principle of voluntary registration

The so-called "principle of voluntary registration" means that whether or not to register a trademark used by an enterprise is completely decided by the enterprise. Article 4 of the Trademark Law stipulates that enterprises, public institutions and individual industrial and commercial entities that need to obtain the exclusive right to use a trademark for the goods they produce, manufacture, process, select or distribute, or for the services they provide, must submit a trademark application to the Trademark Law. Apply for product trademark or service trademark registration with the bureau. If an enterprise does not need or does not plan to obtain the exclusive right to use a trademark for the time being, it does not need to register. This registered trademark is allowed to be used, but the user does not have exclusive rights and cannot prohibit others from using it.

5. Principles of centralized registration and hierarchical management

Centralized registration and hierarchical management are one of the outstanding features of my country’s trademark legal system. According to the characteristics of the market economy and trademarks themselves, trademark registration should break the division between departments and regions, and the Trademark Office should be responsible for the review, approval and registration of trademarks. To this end, Article 2 of the Trademark Law stipulates: “The Trademark Office of the State Administration for Industry and Commerce shall be responsible for the registration and management of trademarks nationwide.” This determines that the Trademark Office of the State Administration for Industry and Commerce shall be responsible for handling the nationwide trademark registration work. , no other institution has the right to handle trademark registration, clarifying the principle of centralized registration.

6. The principle of parallel administrative protection and judicial protection

This is another outstanding feature of my country’s trademark legal system. The Trademark Law stipulates that for trademark infringement, the infringed party can choose to have it handled by the industrial and commercial administrative authorities or file a lawsuit in the People's Court. If the infringed party complains to the industrial and commercial administration authorities, the industrial and commercial administrative authorities may, based on the valid evidence provided by the infringed party or the evidence obtained during its own investigation, order the infringer to immediately stop its infringing behavior, compensate the infringed party for its losses, and also A fine can be imposed at the same time.

The above is the relevant content about the latest principles of trademark registration in my country. If you have other trademark issues, please feel free to consult our professional intellectual property customer service, and we will serve you wholeheartedly.