(1) The principle of protecting the exclusive right to use a trademark. This is the core content of the trademark law, and protecting the exclusive right to use a trademark is the direct purpose of the trademark law. Only by confirming and acknowledging the exclusive right to use trademarks can we stabilize the order of commodity circulation and protect the interests of consumers.
(2) the principle of registration. The so-called registration principle is to obtain the exclusive right to use a trademark through registration. No matter whether the trademark is actually used or not, as long as the applicant is registered with the trademark authority, he enjoys the trademark ownership.
(3) Apply first. Article 18 of the Trademark Law stipulates that if two or more applicants apply for registration with the same or similar trademarks on the same kind of goods or similar goods, the trademark applied earlier shall be preliminarily examined and announced; 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.
(4) The principle of voluntary registration. The Trademark Law stipulates that enterprises, institutions and individual industrial and commercial households that need to obtain the exclusive right to use trademarks shall apply to the Trademark Office for registration. This shows that whether to obtain the exclusive right to use a trademark is decided by the trademark user. If it is not necessary to obtain the exclusive right, it may not be registered, and the unregistered trademark may be used, but it is not protected by law.
(5) Review principles. Whether an application for trademark registration can be approved has two internationally accepted principles: first, the principle of examination; The first is the principle of non-censorship. China has a censorship system. That is, after accepting the application for trademark registration, the Trademark Office will examine whether the trademark meets the registration conditions according to the legal form. Those who meet the registration conditions shall be announced, and anyone may raise an objection within 3 months from the date of announcement. If there is no objection or it is ruled that the objection is not established, registration shall be granted. If the objection is established, the registration shall not be approved.
China's Trademark Law stipulates that the validity period of a registered trademark is 10 year. The period of validity shall be counted from the date of approval and registration of the trademark. Any dispute over a registered trademark may apply to the Trademark Review and Adjudication Board for a ruling within one year from the date of approval and registration of the trademark. A trademark that has been challenged and ruled before the approval of registration shall not be applied for ruling on the same facts and reasons.
Where a registered trademark needs to be used continuously after its expiration, it shall apply for renewal of registration within 12 months before its expiration. If the application is not made within this time limit, a grace period of 6 months can be given. If no application is made at the expiration of the exhibition period, its registered trademark shall be cancelled.
The ownership of a registered trademark can be transferred. There are two forms of transfer, one is contract transfer; The second is inheritance and transfer. No matter what kind of transfer, the transfer procedures must be handled according to law. The owner of a registered trademark may also allow others to use the registered trademark for compensation through a contract. Where a registered trademark of another person is used with permission, the name of the licensee and the place of origin of the goods must be marked on the goods using the registered trademark.