Provisions of the Trademark Law on the review and approval of trademark registration
Article 27: Any trademark applied for registration shall If it complies with the relevant provisions of this Law, it will be preliminarily reviewed and announced by the Trademark Office.
Article 28: Any trademark applied for registration that does not comply with the relevant provisions of this Law or has been registered or preliminarily approved with others for the same or similar goods If the trademarks are identical or similar, the Trademark Office will reject the application and will not publish it.
Article 29 Two or more trademark registration applicants apply for registration of identical or similar trademarks on the same or similar goods. If the application is made on the same day, the trademark with the first application will be preliminarily reviewed and announced, and the application of others will be rejected and will not be announced.
Article 30: Anyone may raise an objection to a preliminary approved trademark within three months from the date of announcement. If there is no objection at the expiration of the announcement period, the registration will be approved, a trademark registration certificate will be issued, and the announcement will be made.
Article 31: Application for trademark registration shall not damage the existing prior rights of others, nor shall it be used to preemptively register by unfair means that others have already used and have certain influence. trademark.
Article 32: For a trademark that rejects the application and will not be announced, the Trademark Office shall notify the trademark registration applicant in writing. If the trademark registration applicant is dissatisfied, he may apply to the Trademark Review and Adjudication Board for review within fifteen days from the date of receipt of the notice. The Trademark Review and Adjudication Board will make a decision and notify the applicant in writing.
If the party concerned is dissatisfied with the decision of the Trademark Review and Adjudication Board, it may file a lawsuit with the People's Court within thirty days from the date of receipt of the notice.
Article 33: If an objection is raised against a trademark that has been initially approved and announced, the Trademark Office shall listen to the facts and reasons stated by the opponent and the opposed party, and after investigation After verification, a ruling is made. If the party concerned is dissatisfied, he may apply to the Trademark Review and Adjudication Board for review within fifteen days from the date of receipt of the notice, and the Trademark Review and Adjudication Board shallThe committee makes a ruling and notifies the opponent and the respondent in writing.
If the party concerned is dissatisfied with the ruling of the Trademark Review and Adjudication Board, it may file a lawsuit with the People's Court within thirty days from the date of receipt of the notice. The people's court shall notify the other party to the trademark review procedure to participate in the litigation as a third party.
Article 34: The parties shall not apply for review of the ruling made by the Trademark Office within the statutory period or shall not file a lawsuit in the People's Court against the ruling made by the Trademark Review and Adjudication Board. Yes, the ruling takes effect.
If it is ruled that the objection is not established, the registration will be approved, a trademark registration certificate will be issued, and an announcement will be made; if the objection is ruled to be established, the registration will not be approved.
If the objection is determined to be untenable and the registration is approved, the time for the trademark registration applicant to obtain the exclusive right to trademark shall be calculated from the expiration of the three-month period of the preliminary announcement.
Article 35: Applications for trademark registration and trademark review shall be reviewed in a timely manner.
Article 36 If a trademark registration applicant or registrant discovers that there are obvious errors in the trademark application documents or registration documents, they may apply for correction. The Trademark Office will make corrections within the scope of its powers
in accordance with the law and notify the parties concerned.
The correction errors referred to in the preceding paragraph do not involve the substantive content of the trademark application documents or registration documents.
