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How to apply for trademark registration

The process for applying for trademark registration is:

1. Determine what products or services the trademark applies to; according to the products or services;

2. Determine the trademark to be registered Category;

3. Take the trademark name and conduct a similar search for the trademark;

4. Prepare relevant materials and submit trademark registration to the Trademark Office;

5. Go to the Trademark Office for review;

6. Trademark announcement. Once the trademark review is passed, the registration is successful.

How to determine whether there is infringement of trademark rights

You can determine whether there is infringement of trademark rights based on the following circumstances:

1. Whether there is any illegal behavior;

< p>2. Whether there is actual damage;

3. Whether the illegal actor is subjectively at fault;

4. Whether there is a causal relationship between the illegal act and the damage.

Legal basis: Article 32 of the "Trademark Law of the People's Republic of China"

Application for trademark registration shall not infringe the existing prior rights of others, nor shall it infringe upon the existing prior rights of others. Legitimate means to preemptively register a trademark that has been used by others and has certain influence.

Article 25

Within six months from the date when the trademark registration application was first filed in a foreign country, the applicant for trademark registration registers another trademark in China for the same goods. If a trademark registration application is filed for the same trademark, the foreign country may enjoy priority in accordance with the agreement signed between the foreign country and China or the international treaty to which the foreign country is a party, or in accordance with the principle of mutual recognition of priority.

If you claim priority in accordance with the preceding paragraph, you must submit a written statement when filing an application for trademark registration, and submit a copy of the first trademark registration application document within three months; if you fail to submit a written statement Or if a copy of the trademark registration application document is not submitted within the time limit, it will be deemed that priority has not been claimed.