To determine the ownership of exclusive rights to trademarks, China adopts the “first to file principle”. Trademark Law Article 31 If two or more applicants for trademark registration apply for regist
To determine the ownership of exclusive rights to trademarks, China adopts the “first to file principle”. Trademark Law Article 31 If two or more applicants for trademark registration apply for registration of identical or similar trademarks on the same or similar goods, the trademark that was applied for first shall be preliminarily reviewed and announced. Since the application date for trademark registration in my country is based on the date when the Trademark Office receives the applicant's registered trademark application and corresponding relevant information. Therefore, the application date recognized by the Trademark Law sometimes does not accurately display the application date of the trademark applicant. For example, in the "Xialu" trademark case of Shanghai Xialu Daily Necessities Factory, the trademark registration application was submitted on June 14, 1987. However, due to delays in the work of the industrial and commercial administration department, the Trademark Office only accepted the application on March 15, 1988. During the application period, Jiangsu Wuxi Beauty Products Factory had applied for and initially approved the "Xialu" trademark on December 30, 1987. The "Xialu" trademark, which Shanghai Xialu Daily Necessities Factory has been using for nearly five years, was eventually registered by others. Based on what has been said above, the trademark was registered by others. As the owner of the trademark, you can raise objections, but the Objections must also be submitted with actual evidence. Without evidence before the law, they will not be accepted, and they must be filed within the time specified by the law. This way, you can be more certain about getting your trademark back.