There are two principles in trademark registration: 1 and the principle of applying first. The principle of prior application, also known as the principle of prior registration, means that two or more applicants for trademark registration apply for registration with the same or similar trademark on the same or similar goods, and the applicant who applies for the trademark first can obtain the exclusive right to use the trademark, and the subsequent application for trademark registration will be rejected. If the application is made on the same day, the prior trademark shall be preliminarily examined and announced, and the application of others shall not be announced and rejected. While adhering to the principle of first application, China's trademark law also emphasizes the legality of first use to prevent improper cybersquatting. Article 3 1 of the Trademark Law stipulates that the application for trademark registration shall not damage the prior rights of others, nor shall it preempt the registration of trademarks that others have used and have certain influence by unfair means. 2. The principle of voluntary registration. The principle of voluntary registration means that whether a trademark user applies for trademark registration depends on his own wishes. According to the principle of voluntary registration, trademark registrants enjoy the exclusive right to their registered trademarks and are protected by law. Unregistered trademarks can be used for production services, but their users do not enjoy exclusive rights and have no right to prohibit others from using the same or similar trademarks on the same or similar goods, except well-known trademarks.

legal ground

Article 3 1 of the Trademark Law

Where two or more applicants for trademark registration apply for registration with the same or similar trademarks on the same or similar goods, they shall make a preliminary examination of the trademarks applied for earlier and make an announcement; Where an application is filed on the same day, the prior trademark shall be preliminarily examined and announced, and the application of others shall be rejected without announcement.