1. The first-to-file principle means that if two or more applicants apply for registration of the same or similar trademarks on the same goods or similar goods, the Trademark Office will accept the first application. If an application for trademark registration is filed first, the later application for trademark registration will be rejected. 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.
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. Trademark experts explain that 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 a certain influence.
2. 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.
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 are prohibited