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First-to-file principle The first-to-file principle means that if two or more applicants apply for registration of the same or similar trademark on the same or similar goods, the Trademark Office will accept the latest application. If an application for trademark registration is filed first, the later application for trademark registration will be rejected.

The priority of 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 when the Trademark Office receives the application documents 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.

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.

Relevant laws and regulations are as follows: Article 29 of the Trademark Law of the People’s Republic of China stipulates: “Two or more trademark registration applicants shall register products of the same kind or similar products. If you apply for registration with an identical 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 previously used will be preliminarily reviewed and announced, and the application of others will be rejected and will not be announced.

”Trademark Registration Principle Voluntary Registration Principle Voluntary Registration Principle Voluntary registration principle 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. However, Well-known trademarks are excluded.

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.

The first-to-use principle applies when the principle of first-to-use application cannot be determined. According to Article 29 of the Trademark Law: “Two or more trademark registration applicants , if you apply for registration of an identical or similar trademark on the same kind of goods or similar goods, the trademark that was applied for earlier 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. , 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.

Trademark registration principles, order of use, and four basic principles of trademark registration: voluntary registration as the main principle and compulsory registration as a supplement; the principle of first application; the principle of unity of application and the principle of priority. If it helps you, I hope you will adopt it