If the applicant applies for registration of the same trademark in other member states of the Paris Convention for the Protection of Industrial Property within 6 months after filing an application for trademark registration in China and claims priority, he should provide a priority certificate to the Trademark Office Document Request Form. How much do you know about trademark priority? The following is a detailed introduction to the relevant legal knowledge of trademark priority. How to obtain trademark priority

1. Processing methods

There are two ways to apply for priority certification documents:

(1) Entrust the applicant to register with the Trademark Office Trademark agency handles.

(2) Applicants go directly to the trademark registration hall of the Trademark Office (applicants in the Zhongguancun National Independent Innovation Demonstration Park can also go to the Trademark Office’s office in the Zhongguancun National Independent Innovation Demonstration Zone, the office address It is: Administrative Office Hall on the second floor, Haidian District Branch, Beijing Administration for Industry and Commerce, No. 9 Daozuo Temple, Haidian District, Beijing). What is the method for obtaining trademark priority?

2. Processing steps

(1) If a trademark agency is entrusted to handle the matter, the applicant can voluntarily choose any trademark agency registered with the Trademark Office Institutional handling. All trademark agencies registered with the Trademark Office are published in the "Agency" column.

(2) If the applicant goes directly to the Trademark Registration Hall of the Trademark Office, the applicant can follow the following steps:

Prepare the application documents? Go to the acceptance window of the Trademark Registration Hall Submit the application documents? Print the barcode at the coding window? Pay the application fee at the payment window.

3. Preparation of application documents

(1) Application documents that should be provided

1. Provide priority certification document application form;

2. If you go directly to the trademark registration hall, submit a copy of the applicant’s subject qualification certification document (business license, ID card, etc.) confirmed by seal or signature, the ID card of the person in charge and a copy (original Returned after comparison); if entrusting a trademark agency to handle the matter, submit a trademark agency power of attorney.

IV. Specific requirements

1. Application documents must be typed or printed.

2. The applicant should stamp his or her seal on the application form providing priority certification documents.

5. Payment of fees

A fee of RMB 100 shall be paid for each priority application.

If a trademark agency is entrusted to handle the matter, the Trademark Office will deduct the fee from the advance payment of the trademark agency.

6. Collection of Certification Documents

If the application documents are complete and the application procedures comply with the regulations, the Trademark Office will issue the "Priority Certification Document" to the applicant by mail.

If a trademark agency is entrusted to handle the matter, the Trademark Office will mail the "Priority Certificate" to the trademark agency.

7. Notes

1. The address, postal code and phone number filled in by the applicant should be detailed and accurate to facilitate contact.

2. The original application materials provided by the applicant such as relevant trademarks, categories of goods or services, and designated goods or services should be accurate.

3. If you go directly to the trademark registration hall, the Trademark Office will generally mail the "Priority Certification Document" to the applicant according to the contact address filled in the application form within 4 weeks after the applicant submits the application; entrust If handled by a trademark agency, the Trademark Office will mail the "Priority Certificate" to the trademark agency.

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Trademark Prohibitions

1. The Trademark Law stipulates that the following signs shall not be used as trademarks:

(1) ) is the same as or similar to the country name, national flag, national emblem, military flag or medal of the People's Republic of China, or is the same as the name of a specific place where the central state agency is located or the name or figure of a landmark building;

(2) Identical or similar to the name, national flag, national emblem, or military flag of a foreign country, except with the consent of the government of that country;

(3) Same as the name or flag of an intergovernmental international organization , the same or similar emblem, except with the consent of the organization or if it is not likely to mislead the public;

(4) The same or similar official mark or inspection mark indicating the implementation of control and guarantee, except with the authorization Except for those;

(5) The same or similar names and symbols as the "Red Cross" and "Red Crescent";

(6) Those with ethnic discrimination;

(7) Exaggerated and deceptive propaganda;

(8) Harmful to socialist morals or having other adverse effects.

Place names of administrative divisions at or above the county level or foreign place names known to the public shall not be used as trademarks. However, exceptions are made where place names have other meanings or are part of collective trademarks or certification marks; registered trademarks using place names will continue to be valid.

Trademarks approved and registered by the Trademark Office are registered trademarks, including commodity trademarks, service marks, collective trademarks, and certification marks; the trademark registrant enjoys the exclusive right to use the trademark and is protected by law.

A collective trademark refers to a mark registered in the name of a group, association or other organization for use by members of the organization in commercial activities to indicate the user's membership in the organization.

A certification mark is controlled by an organization with the ability to supervise certain goods or services and is used by units or individuals other than the organization to certify the goods or services. origin, raw materials, manufacturing methods, quality or other signs of specific quality.

2. However, the following signs shall not be registered as trademarks if they have not been used to obtain distinctive features and are easy to identify:

(1) Only the common name and graphics of the product , model;

(2) Only directly express the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the goods;

(3) Lack of distinctive features .

3. It is prohibited to copy, imitate or translate someone else’s well-known trademark that has not been registered in China:

A trademark applied for registration on the same or similar goods is a copy, imitation or translation of someone else’s well-known trademark that has not been registered in China. Well-known trademarks registered in China that are likely to cause confusion will not be registered and are prohibited from use.

If the trademark applied for registration for different or dissimilar goods is a copy, imitation or translation of a well-known trademark that has been registered in China by others, misleading the public, and causing the interests of the registrant of the well-known trademark to be potentially harmed, Registration is not allowed and use is prohibited.

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