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About trademark registration!

You won’t register it, because if you register it now, you will have the principle to apply for a trademark online, and others will not rush to register it. The registration of a trademark is based on the first-to-file principle, that is, you apply for the trademark first. No matter how powerful the applicant behind you is, the Trademark Office will review your application materials first.

Trademark squatting actually means that someone else has applied to register this trademark before you have even applied for it.

Relevant provisions in the Trademark Law: If two or more applicants apply for registration of the same or similar trademarks on the same or similar goods on the same day, each applicant shall Evidence of prior use of the trademark before applying for registration must be submitted within 30 days from the date of receipt of the notice from the Trademark Office. 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.

Characteristics of trademark registration:

(1) A trademark is a distinctive sign. It is distinguished from signs that are descriptive, publicly known and public, and from signs of other people's goods or services, thereby making it easier for consumers to identify.

(2) The trademark is exclusive.

The owner of a registered trademark has exclusive rights and exclusive rights to his trademark, and others may not use it without the permission of the registered trademark owner. Failure to do so will constitute an infringement of the trademark rights of the registrar and owner.

(3) Trademarks have value. A trademark represents the quality of goods and services produced or operated by the trademark owner, as well as corporate reputation and image. The trademark owner makes the trademark valuable and increases the added value of the goods through the creativity, design, application for registration, advertising and use of the trademark. .

Special emphasis should be placed on the distinctiveness of a trademark (also known as distinctiveness), which refers to the recognizability and uniqueness of a trademark that makes it easy to distinguish goods and services containing other trademarks. Consumers can Rely on the characteristics of the trademark to distinguish the origin, characteristics, information, etc. of the goods or services.

Generally, trademarks that are not distinctive are not allowed to be registered. The following situations are considered not to have distinctive characteristics:

(1) Use common trademarks in this industry Product names, logos, and graphics are used as trademarks;

(2) Texts and graphics related to the product are used as trademarks;

(3) To express the quality and main content of the product Text or graphics with characteristics such as raw materials, functions, uses, etc. as a trademark;

(4) Using the name of an administrative region above the county level as a trademark (note: there are exceptions for collective trademarks and certification marks);

(5) The trademark’s text and graphics are too complicated or use too many titles;

(6) It is an extremely simple geometric figure with less than two numbers or letters written in ordinary fonts ( Such as a straight line, a curve, a standard triangle, or a circle, etc.) that constitutes all or the main part of the trademark;

(7) The use of a unified special symbol promulgated by the country or industry as a trademark is also recognized considered to be insignificant. For more knowledge and services about trademarks, please log on to www.shewentm.com or call 010-82685045 for more details.