Trademark is only a microcosm of the competition between the two parties. The two parties compete in many dimensions such as brand investment, warehousing and logistics, after-sales service, and financial payment. As an external outlet for brand image, trademarks are an indispensable part of an enterprise. Therefore, many business owners will obtain trademarks through trademark transfer and registration. So, what documents and materials are required for trademark review? Next, the editor of Bajie Intellectual Property will answer your questions.

What documents and materials are required for trademark review?

1. How to submit a trademark reexamination

It refers to a trademark registration applicant who is dissatisfied with the Trademark Office’s decision to reject his trademark registration application and not to publish it. According to Article 32 of the Trademark Law, It stipulates that applications should be submitted to the Trademark Review and Adjudication Board for review, and the Trademark Review and Adjudication Board will make a ruling in accordance with the law.

2. Documents and materials required for trademark review

1. "Trademark Agency Power of Attorney": If you entrust a trademark agency to act as an agent, you must provide a letter of authorization stamped by the applicant. Book. Applicants from outside mainland China who want to apply for trademark review in China must entrust a trademark agency to do so.

2. Various types of reexamination applications: If you entrust an agency to apply for trademark review, the agency will prepare it.

3. Reasons and evidence materials

3. Principles of trademark registration

1. The principle of first to apply

The principle of first to apply is Refers to two or more applicants applying for registration of the same or similar trademark on the same or similar goods. The Trademark Office will accept the first trademark registration application and reject the subsequent trademark registration application. . The priority of application is determined based on the date when the applicant files the application for trademark registration. The application date for trademark registration is based on the date when the Trademark Office receives the application documents. Therefore, the date on which the application is received by the Trademark Office should be used as the criterion for determining the priority of the application.

While adhering to the first-to-file principle, my country’s trademark law also emphasizes the legitimacy of first-to-use to prevent unfair preemptive registration. Article 31 of the Trademark Law stipulates: Application for trademark registration shall not damage the existing prior rights of others, nor shall unfair means be used to preemptively register a trademark that has been used by others and has a certain influence.

Relevant laws and regulations are as follows:

Article 29 of the "Trademark Law of the People's Republic of China" stipulates: "Two or more applicants for trademark registration, If an application is made for registration of an identical or similar trademark on the same kind of goods or similar goods, the trademark applied for earlier will be preliminarily reviewed and announced; if the application is made on the same day, the trademark previously used will be preliminarily reviewed and announced, and the application of others will be rejected. No announcement. ”

2. The principle of voluntary registration

The principle of voluntary registration means that whether a trademark user applies for trademark registration depends on his or her own will. Under the principle of voluntary registration, trademark registrants have exclusive rights to their registered trademarks and are protected by law. Unregistered trademarks can be used in production services, but the user does not enjoy exclusive rights and has no right to prohibit others from using the same or similar trademarks on the same or similar goods, except for well-known trademarks.

While implementing the principle of voluntary registration, our country has stipulated the principle of compulsory registration for trademarks used on a very small number of goods as a supplement to the principle of voluntary registration. Currently, the only products that must use registered trademarks are tobacco products, including cigarettes, cigars and packaged tobacco. The production and sale of tobacco products using unregistered trademarks is prohibited.

3. The principle of prior use

When the principle of prior application for use cannot be determined, the principle of prior use shall be adopted. According to Article 29 of the Trademark Law: "Two Or if two or more trademark registration applicants apply for registration of the same or similar trademark on the same or similar goods, the trademark that was applied for first will be preliminarily reviewed and announced; if the application is made on the same day, the trademark used in the application will be preliminarily reviewed and announced. If the trademark is the original one, other people’s applications will be rejected and the application will not be announced.” This principle often plays an important role in deciding when there is a conflict with other intellectual property rights (such as patent rights and copyrights) that are similar to trademark rights.

4. Principles and order of use of trademark registration principles

The basic principles of trademark registration are four: voluntary registration is the main principle and compulsory registration is the supplementary principle; the principle of first application; The principle of unity of application and the principle of priority

The above is the relevant content compiled by the editor for you on how to submit for trademark review. To sum up, it means that the trademark registration applicant is dissatisfied with the Trademark Office’s decision to reject his trademark registration application and not publish it, and applies to the Trademark Review and Adjudication Board for review in accordance with Article 32 of the Trademark Law, and the Trademark Review and Adjudication Board will make a ruling in accordance with the law.