The applicant for trademark registration shall fill in the category and name of the goods using the trademark in accordance with the prescribed commodity classification table and apply for registration. An applicant for trademark registration may apply for the registration of the same trademark for many kinds of goods through one application. Applications for trademark registration and other relevant documents may be submitted in written form or in the form of data messages. Article 23
Where a registered trademark needs to obtain the exclusive right to use a trademark on goods outside the approved scope of use, a separate application for registration shall be filed. Article 24 Where the logo of a registered trademark needs to be changed, a new application for registration shall be filed. Article 25
An applicant for trademark registration who files an application for trademark registration in China for the same commodity with the same trademark within six months from the date when his trademark is first filed in a foreign country may enjoy priority according to the agreement signed between the foreign country and China or the international treaties to which * * * is a party, or according to the principle of mutual recognition of priority. Where priority is claimed in accordance with the preceding paragraph, a written statement shall be made when filing an application for trademark registration, and a copy of the first application for trademark registration shall be submitted within three months; Failing to submit a written statement or a copy of the trademark registration application documents within the time limit shall be deemed as not claiming priority. Article 26
Where a trademark is used for the first time on a commodity exhibited in an international exhibition sponsored or recognized by the China Municipal Government, the applicant for registration of the trademark may enjoy priority within six months from the date of exhibition of the commodity. Where priority is claimed in accordance with the preceding paragraph, it shall make a written statement when applying for trademark registration, and submit the name of the exhibition, the evidence of using the trademark on the exhibited goods, the date of exhibition and other supporting documents within three months; Failing to submit a written statement or supporting documents within the time limit shall be deemed as not claiming priority. Article 27
The matters declared and the materials provided in the application for trademark registration shall be true, accurate and complete. [2] Chapter III Examination and Approval of Trademark Registration Article 28
The Trademark Office shall, within nine months from the date of receiving the application documents for trademark registration, complete the examination of the trademark applied for registration. If it meets the relevant provisions of this Law, it shall make a preliminary examination and make an announcement. Article 29
In the course of examination, if the Trademark Office considers that the contents of the application for trademark registration need to be explained or modified, it may require the applicant to make explanations or modifications. If the applicant does not make explanations or amendments, it will not affect the examination decision of the Trademark Office. Article 30
Where the trademark applied for registration does not conform to the relevant provisions of this Law or is identical with or similar to a trademark that has been registered or preliminarily approved by others on the same or similar goods, the Trademark Office shall reject the application and shall not make an announcement. Article 31
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. Article 32
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. Article 33
Within three months from the date of the announcement of preliminary examination and approval, if the prior obligee or interested party thinks that the trademark violates the provisions of Article 13, paragraphs 2 and 3, Article 15, Article 16, paragraph 1, Article 30, Article 31 and Article 32 of this Law, or thinks that it violates the provisions of Article 10, Article 11 and Article 12 of this Law, it may file an objection with the Trademark Office. If there is no objection at the expiration of the announcement period, the registration shall be approved, a trademark registration certificate shall be issued and an announcement shall be made. Article 34
The Trademark Office shall notify the applicant for trademark registration in writing of the trademark whose application is rejected or not announced. If the applicant for trademark registration is not satisfied, he may apply to the Trademark Review and Adjudication Board for reexamination within 15 days from the date of receiving the notice. The Trademark Review and Adjudication Board shall make a decision within nine months from the date of receiving the application and notify the applicant in writing. There are special circumstances that need to be extended, which can be extended for three months with the approval of the administrative department for industry and commerce of the State Council. If a party refuses to accept the decision of the Trademark Review and Adjudication Board, he may bring a suit in a people's court within 30 days from the date of receiving the notice. Article 35
Where an objection is raised to a trademark that has been preliminarily examined and announced, the Trademark Office shall listen to the facts and reasons stated by the objector and the objector, and after investigation and verification, make a decision on whether to approve the registration within 12 months from the date of expiration of the announcement, and notify the objector and the objector in writing. There are special circumstances that need to be extended, which can be extended for six months with the approval of the administrative department for industry and commerce of the State Council. Where the Trademark Office approves the registration, it shall issue a trademark registration certificate and make an announcement. If the objector refuses to accept it, he may, in accordance with the provisions of Articles 44 and 45 of this Law, request the Trademark Review and Adjudication Board to declare the registered trademark invalid. If the trademark office refuses to register, and the objector refuses to accept it, he may apply to the Trademark Review and Adjudication Board for reexamination within 15 days from the date of receiving the notice. The Trademark Review and Adjudication Board shall make a reexamination decision within 12 months from the date of receiving the application, and notify the objector and the objector in writing. There are special circumstances that need to be extended, which can be extended for six months with the approval of the administrative department for industry and commerce of the State Council. Anyone who refuses to accept the decision of the Trademark Review and Adjudication Board may bring a suit in a people's court within 30 days from the date of receiving the notice. The people's court shall notify the dissenter to participate in the proceedings as a third party. In the process of reexamination in accordance with the provisions of the preceding paragraph, if the determination of the prior rights involved must be based on the results of another case being tried by the people's court or being handled by the administrative organ, the Trademark Review and Adjudication Board may suspend the examination. After the reasons for suspension are eliminated, the review procedure shall be resumed. Article 36
If, at the expiration of the statutory time limit, the party concerned does not apply for a review of the decision made by the Trademark Office to reject the application or not to register, or does not bring a lawsuit to the people's court against the review decision made by the Trademark Review and Adjudication Board, the decision to reject the application or not to register or the review decision will take effect. For a trademark approved for registration after the objection is not established after examination, the time for the applicant to obtain the exclusive right to use the trademark shall be counted from the date of expiration of the three-month preliminary examination and approval announcement. From the date of expiration of the trademark announcement to the date of the decision to approve the registration, there is no retrospective effect on the use of the same or similar logo with the trademark by others on the same or similar goods; However, the losses caused to the trademark registrant by the malicious users shall be compensated. Article 37
Applications for trademark registration and trademark reexamination shall be examined in a timely manner. Article 38
Where an applicant or registrant for trademark registration finds that there are obvious errors in the trademark application documents or registration documents, he may apply for correction. The Trademark Office shall make corrections within the scope of its functions and powers according to law and notify the parties concerned. The correction of errors mentioned in the preceding paragraph does not involve the substantive contents of the trademark application documents or registration documents.
(Zhuo Yi Intellectual Property)