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What are the principles of trademark registration in my country?

my country’s laws have clear regulations regarding trademark registration. During the process of trademark registration, trademark users should pay attention to following the corresponding principles and requirements. So what are the specific registration principles? Let me tell you! There are four main principles for trademark registration, including the principle of voluntary registration as the mainstay and compulsory registration as a supplement; the principle of first-to-file application; the principle of unity of application and the principle of priority.

The principle of voluntary registration and supplemented by compulsory registration means that except for a very small number of trademarks, most trademark registrations in my country depend on the wishes of the trademark users. Under the voluntary principle, once a trademark user obtains trademark rights, it proves that he has exclusive rights to the trademark. If others use the same trademark, it is an infringement. However, if there is no trademark registration for a trademark, then the trademark can be owned by others, and the trademark user cannot request to prohibit others from using it. It should be noted here that there is an exception, that is, if your trademark is already a well-known trademark, you have exclusive rights even if it is not registered. The principle of compulsory registration is actually mainly aimed at my country's tobacco industry, because as long as the tobacco trademark is not registered, it cannot be produced and sold on the market.

The first-to-file principle, as the name suggests, means whoever applies first will obtain the trademark rights. This first application is mainly determined by the date on which multiple trademark applicants file a trademark registration application. The date of trademark registration application should be based on the date when the Trademark Office receives the complete set of application documents. In addition, the trademarks targeted by the early application selection are not only the same trademarks in the same product, but also similar trademarks in the same products, and the same or similar trademarks in similar products.

After talking about the first-to-apply principle, we should talk about the first-to-use principle, because the two are related. When it is impossible to determine who has the trademark rights based on the first-to-use principle, the first-to-use principle is adopted. This means that if the trademark registration applicant wants to have the exclusive right to the trademark, it must be initially approved and announced as the first-to-use applicant. Trademark User.

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