Principle 1: One trademark, one application

One application can only request the registration of one trademark, and two or more trademarks cannot be applied for in one application. . If two or more trademarks are applied for in one application, the application will be rejected and invalidated.

Principle 2: One trademark for one class of goods

Applying for the same trademark is limited to one class of goods. That is, if the same applicant uses the same trademark on different classes of goods, the same trademark should be applied according to the goods. Apply separately according to the classification table. This means that a trademark registration application filed by the same applicant is not only limited to one trademark, but also to one class of goods. The same trademark cannot be used on different classes of goods in one application.

Based on this principle, if the same applicant applies for the same trademark for two or more goods, if these goods belong to the same category according to the commodity classification table, it can be filed as one trademark. Apply.

For example: a pharmaceutical factory uses the same trademark on dozens of pharmaceutical products such as tablets, injections, pills, powders, ointments, pills, etc. These products all belong to the same category according to the product classification table. , you can fill out an application form as a trademark and pay an application fee and registration fee. This situation is very beneficial to competitive companies.

Principle 3: Apply separately to expand the scope of application of a registered trademark to goods

Article 21 of the "Trademark Law" If a registered trademark needs to be used on other goods of the same category, a separate application should be made Registration application. That is, if there is a request to expand the scope of the trademarked products on similar goods other than the goods originally approved for use of the registered trademark, a separate application should be made.

The product-specific scope of a registered trademark is limited to the originally approved product scope, which expands the scope of the trademark and may conflict with other people's prior rights.

Principle 4: If a registered trademark changes the text or graphics, a new application is required

Article 22 of the "Trademark Law" If a registered trademark needs to change its logo, a new registration application should be submitted. A registered trademark shall be subject to the original approved words and graphics, and is the object of exclusive trademark rights. Changing the words or graphics is no longer within the scope of protection, and the application for registration must be updated.

The trademark registration system in my country follows the "first to apply for registration principle" and uses registration rather than use as the way to obtain trademark rights. Different applicants for the same trademark and the same category missed out on obtaining the trademark right within a few days of each other. Some even applied on the same day. In the end, a "drawing of lots" may be used to determine the ownership of the trademark right.