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Principle of applying for trademark on the same day
With the recognition of the importance of trademarks in recent years, a large number of enterprises or individuals have registered trademarks every day in recent years. And we all know that there is a principle in trademark application, that is, the principle of applying first. Simply put, whoever applies for the trademark of the same kind or similar goods will have it first. But if the application is made on the same day, which company does the trademark belong to? The Trademark Law stipulates that when applying for a trademark, if two or more trademark applicants apply for registration with the same or similar trademarks on the same or similar goods, the applicants' trademarks shall be initially examined and announced; If the application is made on the same day, the prior trademark shall be preliminarily examined and announced, and the application of others shall be rejected without announcement. If no evidence is used or the evidence is invalid, lots will be drawn to decide whose application is valid. In short, it's time to take a chance. ) Actual judgment process: 1. Judging from the actual use evidence of applying for a trademark, in the case of applying for a trademark on the same day, the Trademark Office will first require the trademark applicant to submit valid and previously used trademark evidence within the specified time, so as to judge who can obtain the trademark application qualification. Second, friendly negotiation and self-settlement, if both parties can't provide valid evidence or use it on the same day. If the winner cannot be determined, the two parties will discuss who owns the trademark, and then inform the Trademark Office in the form of a written agreement to decide who can apply for the trademark. Three. Draw lots to decide if you are unwilling or unsuccessful in negotiation, the Trademark Office will draw lots to decide the applicant. After reading the above introduction, I believe everyone knows clearly how to determine who the trademark belongs to when applying for trademark registration on the same day. This is also very helpless. Therefore, if we want to register a trademark, we must register it as soon as possible to avoid these unnecessary troubles and prevent some people who are willing to take advantage of it!