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Is it successful if the trademark registration is announced?

Isn’t it successful once the trademark registration is announced?

Preliminary examination and announcement of a trademark does not mean approval of registration, which means that the trademark applicant has not obtained the exclusive right to the trademark. If no one makes a proposal during the announcement period or the proposal is ruled invalid, it will be published by the Trademark Office. The trademark will be approved for registration only after the registration announcement. Within three months from the date of announcement of a preliminary approved trademark, anyone who believes that the preliminary approved trademark violates the relevant provisions of the law may file an objection with the Trademark Office. The two announcements are at different times and represent different trademark rights status;

The process of trademark registration is:

1. Application. That is, the applicant fills in the product category and product name of the trademark according to the prescribed product classification table, and submits a registration application;

2. Acceptance;

3. Preliminary review. The review will be completed within nine months from the date of receipt of the trademark registration application documents;

4. Announcement of objections. Completed within three months from the date of preliminary review;

5. Approval of registration.

To sum up, after the trademark registration is announced, it does not necessarily mean that the application is successful. Within the three-month announcement period after the preliminary review, it will not be considered a success; if no one raises objections after the expiration of the announcement period, the announcement will be considered a success and the Trademark Office will issue a trademark registration certificate.

Legal basis:

Article 35 of the "Trademark Law of the People's Republic of China"

If an objection is made to 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 and verification, make a decision on whether to approve registration within twelve months from the expiration of the announcement period, and notify the opponent and the opposed party in writing. 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 will issue a trademark registration certificate and make an announcement. 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.

If the Trademark Office makes a decision not to register and the opponent is dissatisfied, he or she 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 shall make a review decision within twelve months from the date of receipt of the application, and notify the opponent and the opposed party in writing. 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 opposed party 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. The people's court shall notify the opponent to participate in the litigation as a third party.

In the process of reexamination by the Trademark Review and Adjudication Board in accordance with the provisions of the preceding paragraph, the determination of the prior rights involved must be based on the results of another case that is being heard by the people's court or is being handled by the administrative agency. Review can be suspended. After the reasons for the suspension are eliminated, the review process should be resumed.