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Is the trademark acquired before use or application?
Hello, trademark registration in China needs to follow the following principles:

1. The principle of combining voluntary registration with compulsory registration. Most trademarks in China adopt the principle of voluntary registration. Producers and operators of commodities (mainly cigarettes, cigars and packaged cut tobacco) that are required to use registered trademarks according to national laws and administrative regulations must apply for trademark registration. Without approval, goods may not be sold in the market.

2. The principle of uniqueness. The trademark applied for registration shall have distinctive features and be easy to identify, and shall not conflict with the legal rights previously obtained by others (such as design patent right, name right and copyright).

3. The principle of trademark legality. A trademark applying for registration shall not use any sign prohibited by law. Registered trademarks using geographical names shall remain valid. Without authorization, the agent or representative registers the trademark of the principal or the principal in his own name. If the principal or the principal has any objection, it shall not be registered and the use thereof shall be prohibited. If a trademark contains a geographical indication of a commodity, and the trademark does not come from the area marked by the mark, misleading the public, it shall not be registered and its use shall be prohibited; However, the registration in good faith continues to be effective.

4. Examination and announcement of trademark registration applications shall adhere to the principle of priority in application and priority in use. Where two or more applicants for trademark registration apply for registration with the same or similar trademarks on the same or similar goods, they shall make a preliminary examination of the trademarks applied for earlier and make an announcement; Where an application is filed on the same day, the prior trademark shall be preliminarily examined and announced, and the application of others shall be rejected without announcement.

5. The principle of prohibiting cybersquatting. When applying for trademark registration, a trademark that has been used by others and has certain influence shall not be registered first by improper means.

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