Question 15 of the multiple-choice question on the "Intellectual Property Law" self-study exam in April 2011

A started using " "Snowflake" trademark, B started using the same trademark on April 1, 2010. Both A and B sent the application documents for registration of the "Snowflake" trademark to the Trademark Office on May 1, 2010, but A's application documents were sent on May 8, and B's application documents were sent on May 5. Which of the following options is correct ( )

A. The Trademark Office should announce A’s and B’s applications at the same time B. The Trademark Office should announce B’s application

C. The Trademark Office should announce A’s application Application D. It is up to the Trademark Office to decide how to make an announcement

View answer analysis

Correct answer: C

Authoritative analysis by a famous school teacher: Chapter 19 P239 Trademark Registration - the principle of first user obtaining registration at the same time.

Article 29 of the Trademark Law Where two or more trademark registration applicants apply for registration of identical or similar trademarks on the same or similar goods, the application shall be initially reviewed and announced. If the application is filed on the same day, the earlier trademark will be preliminarily reviewed and announced, and other applications will be rejected and will not be announced.

Article 19 of the Implementation Regulations of the Trademark Law of the People's Republic of China and the People's Republic of China. Two or more applicants shall use the same or similar trademarks on the same goods or similar goods. If applying for registration within 30 days from the date of receipt of the notice from the Trademark Office, each applicant shall submit evidence of prior use of the trademark before applying for registration. If they are used on the same day or are not used at all, each applicant can negotiate on their own within 30 days from the date of receiving the notice from the Trademark Office, and submit a written agreement to the Trademark Office; if they are unwilling to negotiate or the negotiation fails, the Trademark Office will notify each applicant to One applicant is determined by drawing lots, and other registration applications are rejected. If the Trademark Office has notified the applicant but does not participate in the lottery, the application will be deemed to have been abandoned, and the Trademark Office shall notify the applicant in writing that did not participate in the lottery.