If two or more applicants apply for registration of the same or similar trademark on the same product on the same day, the Trademark Office shall preliminarily review and announce the trademark applied for earlier use, and reject the others. Individual applications will not be announced.

The "first to apply" principle for trademarks is derived from the "registration principle" for obtaining exclusive rights to trademarks. Since the exclusive right to trademark rights is obtained based on registration, and there is often more than one person applying for registration of the same or similar trademark on the same or similar goods, in order to solve this problem, the law stipulates that the exclusive right to use a trademark shall be determined based on the time of submission of the application. Belong. According to the "first to apply principle", even if a trademark has been used for many years, if the trademark user does not apply for trademark registration in time, he will lose the opportunity to register because someone else applied first, and thus lose the right to continue to use the trademark.

The “first to file” principle for trademarks is not absolute. The law does not support any behavior that violates the principles of fairness, justice and good faith and maliciously registers other people's trademarks. Applicants for trademark registration shall not use unfair means to preemptively register a trademark that is already used by others and has certain influence. If a registered trademark violates this provision, within five years from the date of trademark registration, the trademark owner or interested party may request the Trademark Review and Adjudication Board to rule to cancel the registered trademark. For cases registered in bad faith, the owner of a well-known trademark is not subject to the five-year time limit.

Article 31 of the "Trademark Law of the People's Republic of China" Two or more applicants for trademark registration shall use the same or similar trademarks on the same goods or similar goods. If you apply for registration, 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 other people's applications will be rejected and will not be announced.

Article 30 If a trademark applied for registration does not comply with the relevant provisions of this Law or is identical or similar to a trademark that has been registered or preliminarily approved by others on the same or similar goods, the Trademark Office shall The application is rejected and no announcement will be made.

Article 35: If an objection is raised against a trademark that has been initially approved and announced, the Trademark Office shall listen to the facts and reasons stated by the opponent and the person being opposed, and after investigation and verification, the Trademark Office shall, within 10 days from the expiration of the announcement period, A decision will be made within two months on whether to approve registration, and the opponent and the objected party will be notified in writing. If there are special circumstances that require an extension, it can be extended for six months with the approval of the industrial and commercial administration department of the State Council.

If the Trademark Office makes a decision to approve registration, it will issue a trademark registration certificate and make an announcement. If the opponent is dissatisfied, he may request the Trademark Review and Adjudication Board to declare the registered trademark invalid in accordance with the provisions of Articles 44 and 45 of this Law.

If the Trademark Office makes a decision not to register and the opponent is dissatisfied, he or she may apply to the Trademark Review and Adjudication Board for review within fifteen days from the date of receipt of the notice. The Trademark Review and Adjudication Board shall make a review decision within twelve months from the date of receipt of the application, and notify the opponent and the opposed party in writing. If there are special circumstances that require an extension, it can be extended for six months with the approval of the industrial and commercial administration department of the State Council. If the opposed party is dissatisfied with the decision of the Trademark Review and Adjudication Board, it may file a lawsuit with the People's Court within thirty days from the date of receipt of the notice. The people's court shall notify the opponent to participate in the litigation as a third party.

In the process of reexamination by the Trademark Review and Adjudication Board in accordance with the provisions of the preceding paragraph, the determination of the prior rights involved must be based on the results of another case that is being heard by the people's court or is being handled by the administrative agency. Review can be suspended. After the reasons for the suspension are eliminated, the review process should be resumed.