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Can I apply for registration of the same trademark?
Some applicants successfully obtained registration certificates after waiting for one year. However, after getting the registration certificate, I found that someone was actually applying for the same trademark as him, and it has not been rejected by the Trademark Office. What happened? In fact, this goes back to the provisions of the trademark law. China's Trademark Law stipulates that if the same or similar goods are identical or similar to the trademarks registered or preliminarily approved by others, the Trademark Office will reject the application. On the other hand, if the goods approved for registration by two trademarks are not similar goods, the Trademark Office will approve the registration. If you think the legal provisions are too roundabout, then give an example and you will understand. There are two kinds of similar goods: 1, and these two trademarks belong to different categories. For example, renamed China enjoys the exclusive right to use the trademark in the 30th category (snack ingredients), but other companies can also obtain the "renamed China" trademark in the 33rd category. Because the two types of trademarks are different. 2. Although the two trademarks belong to the same category, they are not a group and do not belong to similar goods. Similarly, take "Renaming China" in the 30th category as an example. The goods specifically approved in the 30th category are "rice" in the 3008 group, while pies, scones, jiaozi and steamed buns approved by another company's "renamed China" trademark are in the 3007 group. Then the registration can also be approved. So this is why large companies should protect related categories and related categories except their own product categories, and the groups should be as complete as possible to prevent others from registering their own trademarks on their related products. After all, China's trademark consciousness is awakening, and many people are registering trademarks. If you don't protect your trademark, you may be "protected" by others first. After choosing their own trademarks, powerful enterprises can consider all-class registration, that is, registration in each category of the commodity classification table. All-class registration has the following advantages: 1, preventing others from registering trademarks in industries and commodities they may enter in the future, and "preemptively registering trademarks" by themselves. Enterprises are developing, and the product chain is also developing. When registering a trademark, enterprises often choose the types of goods currently produced or the types of goods planned to be produced for registration. However, with the development of the enterprise, it may deviate from the expected development direction, and the scope of production and operation may be extended to industries or commodities that have not been planned before (such as the transformation of BYD). At this time, you may find that the trademark you have used for many years has been registered by others in this field. This situation will face a dilemma. If you choose a new trademark, you will not only face the fact that the goodwill accumulated in the trademark for many years cannot be transferred to the new trademark, but also have your own contribution to the trademark value of competitors in the new industry. Therefore, it is very important to plan ahead. 2. Registration to prevent others from having conflicts or adverse effects on the nature and use of goods. Symbols have the function of information transmission, so when registering a trademark, everyone should choose symbols that make people feel comfortable. Similarly, the use of the same symbol by different commodities will also have a conductive effect. "Master Kong" is the trademark of instant noodles. If someone registers "Master Kong" on the sanitary ware, will people who happen to know this trademark associate it with unclean things when eating instant noodles? The trademark of a wedding photo studio is registered in the funeral industry at the same time, will it make newcomers have some taboos? If the "Wahaha" trademark is registered on the disinfectant, will someone feel a little different when drinking Wahaha mineral water? These are all caused by the conduction of symbols. However, trademark owners cannot prevent others from registering trademarks on other kinds of goods, and even well-known trademarks cannot prevent others from registering the same logo on goods that will not cause confusion. No one will think that the manufacturer of "Master Kong" toilet is the manufacturer of "Master Kong" instant noodles. However, this is really what trademark owners don't want to see.