which prior rights will conflict with the registered trademark? Article 31 of China's Trademark Law stipulates that the application for trademark registration shall not damage the existing prior rights of others, nor shall it preempt the registration of trademarks that others have used and have certain influence by unfair means.
prior rights refer to the rights that others have obtained or enjoyed and protected by law before the applicant for a registered trademark files an application for a registered trademark. Prior rights include both prior trademarks and other prior rights.
1. Prior Trademark
The application for trademark registration must not conflict with the prior registered trademark. Among the prior trademarks, there are two special trademarks. One is a trademark that has been used before the trademark application date and has certain influence. Although the trademark is not registered, the trademark owner can fight against malicious cybersquatting by others. The other is a well-known trademark. Even if a trademark is not registered, it can oppose other people's trademark application or registration in the objection or revocation procedure, and can directly prohibit others from using it. A well-known trademark registered in one category can, under certain conditions, resist others from registering and using its trademark on different and similar goods, and even claim damages.
II. Other prior rights
Other prior rights mainly include the right of name and portrait, copyright, patent right of design, enterprise name, unique name of well-known goods, use right of packaging or decoration, right of geographical indication, special indication, Olympic indication and World Expo indication, etc.
when applying for trademark registration, the applicant for trademark registration should properly examine the prior rights that may conflict with the trademark applied for registration, so as to avoid the rejection of the registration application or the cancellation of the registered trademark. trade mark registration