According to the provisions of my country’s Trademark Law, the principles of trademark registration are divided into: first-to-file principle and voluntary registration principle. There are four basic principles for trademark registration: 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.

1. The principle of first to apply

The principle of first to apply, also known as the principle of first to register, means that two or more applicants for trademark registration shall apply for the same product or If an identical or similar trademark is applied for registration on similar goods, the applicant for the earlier trademark application may obtain the exclusive right to use the trademark, and subsequent trademark registration applications will be rejected. If the application is filed on the same day, the previously used trademark will be initially reviewed and announced, and other applications will be rejected and will not be announced. If the application is used on the same day or is not used at all, the applicants can resolve the issue through negotiation. If the negotiation fails, each applicant shall Determined by drawing lots.

While adhering to the principle of first to apply, my country’s trademark law also emphasizes the legitimacy of first to use and prevents 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 certain influence.

2. Principle of voluntary registration

The principle of voluntary registration means that whether a trademark user applies for trademark registration depends on their own wishes. 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.

There are also mandatory registration principles and first-to-use principles.

3. The principle of compulsory registration

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.

4. 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.

5. Principle of separate registration of trademarks

The principle of separate registration of trademarks mainly refers to the principle of applying separately for Chinese, English, pinyin, graphics and other elements in a combined trademark. This is mainly determined by the registration review principles of the China Trademark Administration. The country implements the principle of separate examination of various elements of a trademark, that is, separate examination of Chinese, English, pinyin, graphics, etc. If any part of the trademark fails to pass the examination, the entire trademark will be returned and resubmitted.

In addition, the principle of separate registration of trademarks is to facilitate the use and protection of trademark owners. Separately registered trademarks can be used separately or independently, making it easier to use and protect products, packaging, advertising, exhibitions, etc.

Legal Basis

"Trademark Law of the People's Republic of China"

Article 3 A trademark approved and registered by the Trademark Office is a registered trademark, including goods Trademarks, service marks, collective marks, and certification marks; trademark registrants enjoy exclusive rights to trademarks and are protected by law.

The term "collective trademark" as mentioned in this Law refers to a mark registered in the name of a group, association or other organization for use by members of the organization in commercial activities to indicate the user's membership in the organization.

The term "certification trademark" as used in this Law means that it is controlled by an organization with the ability to supervise certain goods or services and is used by units or individuals other than the organization to certify the goods or services. The origin, raw materials, manufacturing methods, quality or other signs of specific quality of the goods or services.

Special matters concerning the registration and management of collective trademarks and certification marks shall be stipulated by the industrial and commercial administration department of the State Council.

Article 7: When applying for registration and use of a trademark, the principle of good faith shall be followed.

Trademark users shall be responsible for the quality of the goods on which their trademarks are used. Industrial and commercial administrative departments at all levels should use trademark management to prevent behaviors that deceive consumers.

Article 8 Any mark that can distinguish the goods of a natural person, legal person or other organization from the goods of others, including words, graphics, letters, numbers, three-dimensional signs, color combinations and sounds, etc., as well as the above Any combination of elements can be applied for registration as a trademark.