Trademark
Examination Procedure
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1.
Formality Examination
2. Substantial Examination
3. Review at Trademark Review And Adjudication
Board (TRAB)
4. Preliminary Approval and Publication
5. Approval and Issuance of Registration
Certificate
1.
Formality Examination
- "The
filing date of an application for trademark registration
shall be the date on which the Trademark Office receives
the application documents. Where the formal requirements
of the application are fulfilled and the application
form is filled out according to the relevant rules,
the Trademark Office will accept the application and
notify the applicant in writing. Where the formal
requirements are not fulfilled or the application
form is not filled out according to the relevant rules,
the Trademark Office will not accept it, and it shall
notify the applicant in writing and explain the reason.
Where
the formal requirements are basically fulfilled or the
application form filled out basically according to the
relevant rules, but amendments are required, the Trademark
Office shall notify the applicant to make the amendments
and require him to do so according to the contents prescribed
and re-submit it to the Trademark Office within thirty
days from the date on which he receives the notification.
Where the application is amended and re-submitted to
the Trademark Office within the time limit, the date
of filing shall be retained. Where the application is
not amended within the time limit, the application shall
be deemed to have been abandoned, and the Trademark
Office shall notify the applicant in writing."
(Implementing Regulations under the Trademark Law, Article
18)
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2.
Substantial Examination
-
"Where
an application for registration of a trademark is
in compliance with the relevant provisions of this
Law, the Trademark Office shall accept the application
and publish the same." (Chinese Trademark Law,
Article 27)
-
"Where
an application for registration of a trademark is
not in compliance with the relevant provisions of
this Law, or if the trademark is identical with or
similar to a trademark of another person that has
been registered or accepted in respect of identical
or similar goods, the Trademark Office shall refuse
to accept the application and shall not publish the
same." (Chinese Trademark Law, Article 27)
-
"Where
two or more applicants apply for registration of identical
or similar trademarks in respect of identical or similar
goods, the application filed the earliest shall be
accepted and published; if the applications are filed
on the same day, the trademark which is used the earliest
shall be accepted and published, and applications
of other persons shall be refused and not be published."
(Chinese Trademark Law, Article 29)
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3.
Review
at Trademark Review and Adjudication Board (TRAB)
- "Where
an application for registration of a trademark is
refused and no publication is made, the Trademark
Office shall notify the applicant of the same in writing.
Where the applicant is dissatisfied, he may, within
fifteen days from receipt of the notification, apply
for review to the Trademark Review and Adjudication
Board, which Board shall make a decision and notify
the applicant in writing.
Where
any party is dissatisfied with the decision of the Trademark
Review and Adjudication Board, he may, within thirty
days from receipt of the notification, institute legal
proceedings with the people's court." (Chinese
Trademark Law, Article 32)
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4.
Publication
-
"
Any person may, within three months from the date
of publication, file an opposition against an accepted
application for registration of a trademark. If no
opposition is filed within the specified period, the
trademark shall be registered, a certificate of registration
shall be issued, and the registration shall be published.
" (Chinese Trademark Law, Article 30)
-
"Where
an opposition is filed against an accepted and published
application for registration of a trademark, the Trademark
Office shall hear both the opponent and the opposed
party's statement of facts and grounds and shall,
after investigation and verification, make a decision.
Where any party is dissatisfied, he may, within fifteen
days from receipt of the notification, apply for review
to the Trademark Review and Adjudication Board, which
Board shall make a decision and notify both the opponent
and the opposed party in writing.
Where
any party is dissatisfied with the decision of the
Trademark Review and Adjudication Board, he may, within
thirty days from receipt of the notification, institute
legal proceedings with the people's court. The people's
court shall notify the other party to the review proceedings
to participate in the legal proceedings as the third
party." (Chinese Trademark Law, Article 33)
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5.
Approval
and Issuance of Registration Certificate
-
"Any person
may, within three months from the date of publication,
file an opposition against an accepted application
for registration of a trademark. If no opposition
is filed within the specified period, the trademark
shall be registered, a certificate of registration
shall be issued, and the registration shall be published."
(Chinese Trademark Law, Article 30)
- "Where,
within the specified period, no party applies for
review of a decision made by the Trademark Office
or institutes legal proceedings with the people's
court against a decision of the Trademark Review and
Adjudication Board, the decision shall come into effect.
If
it is decided that an opposition is not justified, the
trademark shall be registered, a certificate of registration
shall be issued, and the registration shall be published;
if it is decided that an opposition is justified, no
registration shall be made.
Where
it is decided that an opposition is not justified and
the trademark is registered, the applicant's exclusive
right to use the trademark shall start from the date
of expiry of the three-month period from the publication
of the accepted application." (Chinese Trademark
Law, Article 34)
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