How to apply for a trademark on the same day?
as we all know, trademark registration is practiced in China? Application first principle? That is, if different applicants apply for trademark registration for the same or similar trademarks in the same category of goods or similar goods, the Trademark Office will preliminarily examine and approve and announce the trademark with the earlier application date according to the date of receiving the application documents. However, what should we do when the date of trademark application is the same day? 1. Submit evidence to prove the prior use of the trademark. Article 31 of China's Trademark Law stipulates the supplementary principle of the principle of prior application? The principle of prior use, that is, when two or more applicants for trademark registration apply for registration on the same commodity or similar trademark with the same or similar trademark on the same day, the prior trademark will be preliminarily approved and announced. Generally speaking, if a trademark is filed on the same day, the Trademark Office will issue a notice to the applicants involved in the same day's application for trademark registration to supplement the use evidence. The applicant is required to submit evidence of prior use of the trademark within 3 days from the date of receiving the notice from the Trademark Office. So, what can be used as evidence of trademark use? Article 48 of China's Trademark Law stipulates that? The use of trademarks refers to the use of trademarks in commodities, commodity packages or containers and commodity trading documents, or in advertising, exhibitions and other commercial activities to identify the source of commodities. ? Therefore, trademark use behaviors that meet the above standards, such as liquor manufacturers printing trademarks on wine bottles, automobile manufacturers making trademarks into objects and embedding them in the front of cars, and enterprises repeatedly showing their trademarks in advertising videos, can be submitted as evidence of trademark use. 2. Friendly negotiation and self-settlement. If the use evidence provided by both parties is invalid, or if it is used or not used on the same day, it cannot be separated? Winning or losing? The Trademark Office will issue a notice of consultation on the application for trademark registration on the same day to each applicant. According to Article 19 of the Regulations for the Implementation of the Trademark Law, the applicant can solve the problem through consultation within 3 days from the date of receiving the notice from the Trademark Office, and submit a written agreement to the Trademark Office. This means that one or more parties will give up applying for the trademark. However, based on the principle of equality and voluntariness, both parties can reach a paid or free agreement according to their respective needs, as long as the contents of the agreement comply with relevant laws and regulations. 3. It can't be ignored. If the on-site lottery is unwilling to solve the problem through negotiation, or the negotiation fails within the specified time, the Trademark Office will notify the applicant to determine an applicant by lottery and reject the registration application of others. However, this does not mean that the applicant can do nothing. Leave it to fate? . On the notice of drawing lots for trademark application on the same day issued by the Trademark Office, the time, place and relevant materials required for the applicant to participate in the drawing lots for trademark application on the same day are clearly marked. After receiving the notice, the applicant needs to prepare relevant materials in strict accordance with the regulations and participate in the on-site lottery on time. Those who fail to participate in the lottery on time, or the materials are incomplete, shall be deemed to have abandoned the application, and the Trademark Office shall reject the applicant's application for trademark registration. Therefore, applicants who participate in the lottery must read the relevant notices and regulations carefully, and must not miss the opportunity because of carelessness.