There are two principles for trademark registration:

1. First-to-file principle. The first-to-file principle, also known as the first-to-register principle, means that 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 applies first shall be The applicant can 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.

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.

Legal basis:

"Trademark Law of the People's Republic of China" Article 22, Paragraph 1: Applicants for trademark registration shall fill in the use of trademarks according to the prescribed commodity classification table Please submit a registration application according to the product category and product name. Article 28 For a trademark applied for registration, the Trademark Office shall complete the review within nine months from the date of receipt of the trademark registration application documents. If the trademark is in compliance with the relevant provisions of this Law, a preliminary review and announcement shall be made.