What are the provisions of the Trademark Law on the review of trademark registration
Article 30 Application If a registered trademark does not comply with the relevant provisions of this Law or is identical or similar to a trademark that has been registered or preliminarily approved by others on the same or similar goods, the Trademark Office will reject the application and will not publish it.
Article 31 Two If one or more trademark registration applicants apply for registration of the same or similar trademark on the same or similar goods, the trademark that was applied for first will be preliminarily reviewed and announced; if the application is made on the same day, the trademark applied first will be preliminarily reviewed and announced for use. For an earlier trademark, applications from others will be rejected and will not be announced.
Article 33: 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.
sArticle 34 Regarding rejection of application, For a trademark that is not to be announced, the Trademark Office shall notify the trademark registration applicant in writing. If the trademark registration applicant is dissatisfied,You can 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 shall make a decision within nine months from the date of receipt of the application and notify the applicant in writing. If there are special circumstances that require an extension, it can be extended for three months with the approval of the industrial and commercial administration department of the State Council. 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 35 Regarding the preliminary approval announcement If an objection is filed against a trademark, the Trademark Office shall listen to the facts and reasons stated by the opponent and the opposed party, and after investigation and verification, make a decision on whether to approve registration within twelve months from the expiration of the announcement period, and notify the opponent in writing. and the respondent. If there are special circumstances that require an extension, it can be extended for six months with the approval of the industrial and commercial administration department of the State Council.
If the Trademark Office makes a decision to approve registration, it shall issue a Issue a trademark registration certificate and make it public. If the opponent is dissatisfied, he may request the Trademark Review and Adjudication Board to declare the registered trademark invalid in accordance with the provisions of Articles 44 and 45 of this Law.
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