Legal basis
Article 29 of the Trademark Law of the People's Republic of China
In the course of examination, if the Trademark Office thinks that the contents of the application for trademark registration need to be explained or amended, it may require the applicant to make explanations or amendments. If the applicant fails to make explanations or amendments, it will not affect the Trademark Office's decision on examination.
Article 3
Where a 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 will not announce it.
Article 31
Where two or more applicants for trademark registration apply for registration with the same or similar trademarks on the same commodity or similar commodities, the trademark that applied earlier shall be preliminarily examined and approved and announced; If the application is made on the same day, the earlier trademark shall be preliminarily examined and announced, and the application of others shall be rejected without announcement.
article 32
an application for trademark registration shall not damage the existing prior rights of others, nor shall it preempt the registration of a trademark that has been used by others and has certain influence by unfair means.