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What are the principles of trademark registration?

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 use the same or similar goods for the same or similar goods. If similar trademarks apply for registration, the applicant of the earlier applied trademark 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-file, our country’s trademark law also emphasizes the legitimacy of first-to-use to prevent 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. The 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. 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 first-to-use. When the principle of first-to-use application cannot be determined, the principle of first-to-use shall be adopted. According to Article 29 of the Trademark Law: “Two or more applicants for trademark registration shall apply for the same product. Or similar goods, if you apply for registration with the same or similar trademark, the trademark that was applied for first will be preliminarily reviewed and announced; if you apply on the same day, the trademark that was first used will be preliminarily reviewed and announced, and the application of others will be rejected and will not be announced. "This principle often plays an important decisive role when encountering conflicts with other intellectual property rights (such as patent rights and copyrights) similar to trademark rights. 5. The 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.