Property Right Protection: Discussion On The Prior Use Of Trademark Registration

Trademark is a symbol of the identity of an enterprise. China's laws clearly stipulate that trademark registration follows the principle of first application, first use. Under the general environment of increasing awareness of intellectual property protection, enterprises will choose to protect their brands through trademark registration to ensure that property rights are protected by law. Authoritative personages suggest that enterprises should take the opportunity to finalize the exclusive rights of trademarks and not be preempted by others.

At present, there are numerous cases of some enterprises being preempted by others to register their trademarks, and there are more similar difficulties in China. To implement trademark registration, the authority suggested that there should be no delay, and it is better to find intellectual property agents to register on behalf of them. Their professionalism will enable enterprises to obtain the exclusive right to use trademarks faster than others.

　　《 Trademark Law 》Provisions: Where two or more trademark registration applicants apply for the registration of identical or similar trademarks for the same or similar goods, the preliminary examination and approval shall be conducted and the trademark that was first applied for shall be announced; Where an application is filed on the same day, the trademark that was used earlier shall be preliminarily examined and published, and the application of other persons shall be rejected and not published.

The person in charge of Bai Quanwei suggested that we should pay attention to two points: 1 Application time Some high-quality trademarks should be applied as soon as possible to avoid the situation that others apply first. 2. Evidence of use. Attention should be paid to the retention of evidence of use, such as the outer package of the trademark, the contract invoice containing the trademark, etc.

If unfortunately rejected, it does not mean that he is sentenced to death. The Trademark Law stipulates that the Trademark Office shall notify the applicant of trademark registration in writing of any trademark whose application is rejected and which is not published. If the applicant for trademark registration is not satisfied, he may, within 15 days from the date of receiving the notification, apply to the Trademark Review and Adjudication Board for reexamination. So you can also use Reject review And strive for the opportunity to obtain trademark rights.

The second node is trademark substantive examination. After the trademark application passes the formal examination, it will enter the substantive examination stage. At this time, the applied trademark is in the period of three months of preliminary examination and announcement, and any individual or enterprise may raise an objection to the applied trademark. If the applied trademark is challenged, we must do a good job in the defense of the opposition. Since we can pass the formal examination, the probability of winning the lawsuit is still very high.