If two or more trademark registration applicants apply for registration of the same or similar trademarks on the same goods or similar goods, the trademark that was applied for first shall be initially reviewed and announced; on the same day If an application is made, the previously used trademark will be initially reviewed and announced, while applications from others will be rejected and will not be announced.

If two or more trademark registration applicants apply for registration of the same or similar trademarks on the same goods or similar goods, the trademark that was applied for first shall be initially reviewed and announced; on the same day If an application is made, the previously used trademark will be initially reviewed and announced, while applications from others will be rejected and will not be announced.

Interpretation: This article is about the first-to-application principle.

The basic function of a trademark is to distinguish the goods or services of different producers and operators. Therefore, a registered trademark can only have one registered subject with exclusive rights to it. If two or more applicants apply for registration of the same or similar goods with the same or similar trademark, the trademark authority can only accept one application. There are three common approaches: the first is the first-to-application principle, the second is the first-to-use principle, and the third is the hybrid principle, that is, a mixture of the first-to-application and first-to-use principles.

Provisions

1. The first-to-file principle means that two or more applicants apply for registration of the same or similar trademark on the same or similar goods. , the Trademark Office will accept the earliest trademark registration application and reject subsequent trademark registration applications. The priority of the 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.

2. The first-to-use principle means that if two or more applicants apply for registration of the same or similar trademark on the same or similar goods, the Trademark Office shall accept the first-to-use trademark. A person's trademark registration application. That is, for applications filed on the same day, the Trademark Office will preliminarily review and announce the previously used trademark. For the situation where the applicants start using the trademark at the same time or neither of them uses the trademark, the actual practice is for each applicant to negotiate. If the consensus is reached through negotiation, a written agreement shall be submitted to the Trademark Office within the prescribed time limit. If an agreement cannot be reached beyond the prescribed time limit, Under the auspices of the Trademark Office, the decision will be made by drawing lots from each applicant, or by the Trademark Office's ruling.

3. The pros and cons of the two principles. The first-to-file principle only requires the date of the trademark registration application as the basis for review. It is easy to operate, but it is not conducive to protecting the first person to use the trademark. The first-to-use principle can protect the first person to use a trademark, but it requires a review of the applicant's proof of first use of the trademark, which is difficult to operate. Moreover, this kind of registration is uncertain and may be revoked because others provide evidence of prior use.

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