The principles of trademark registration: 1. Principle of registration; 2. Principle of first application; 3. Principle of good faith; 4. Principle of voluntary registration; 5. Principle of centralized registration and hierarchical management.

Legal Analysis

Trademarks are used by producers and operators of goods on the goods they produce, manufacture, process, select or distribute, or by service providers on the services they provide. A sign with distinctive features that is used to distinguish the source of goods or services and is composed of words, graphics, letters, numbers, three-dimensional signs, sounds, colors, or a combination of the above elements, and is a product of the modern economy. In the commercial field, trademarks include words, graphics, letters, numbers, three-dimensional logos and color combinations, as well as combinations of the above elements, which can be applied for registration as trademarks. Trademarks approved and registered by the state are "registered trademarks" and are protected by law. Trademarks protect trademark registrants by ensuring that they have the exclusive right to identify goods or services, or to license others to use them for remuneration. Trademark registration principles refer to the behavioral basis and legal principles for accepting trademark registration applicants and ultimately confirming the ownership of trademark rights. When applying for trademark registration, you must not damage the existing prior rights of others, nor use unfair means to preemptively register a trademark that is already used by others and has a certain influence. There are four basic principles for trademark registration: voluntary registration is the main principle and compulsory registration is the supplementary principle; the principle of first application; the principle of unity of application and the principle of priority.

Legal Basis

"Trademark Law of the People's Republic of China"

Article 4: Natural persons, legal persons or other organizations shall, in the course of production and business activities, If it is necessary to obtain the exclusive right to use a trademark for its goods or services, it must apply for trademark registration with the Trademark Office. Bad-faith trademark registration applications that are not intended for use shall be rejected. The provisions of this Law regarding commodity trademarks shall apply to service trademarks.

Article 5 Two or more natural persons, legal persons or other organizations may apply to the Trademark Office to register the same trademark at the same time, and jointly enjoy and exercise the exclusive right to use the trademark.