Legal analysis: The trademark cannot be used until it is issued. The trademark failure means that the Trademark Office has not issued a trademark registration certificate for the trademark. That is to say, no announcement has been made and the legal opposition period has passed, so the trademark has not yet taken effect. Therefore, the trademark cannot be used until it is approved.

Legal basis: "Trademark Law of the People's Republic of China" Article 35 If an objection is raised against a trademark that has been preliminarily approved and announced, the Trademark Office shall hear the facts and reasons stated by the opponent and the person being opposed. , after investigation and verification, a decision will be made on whether to approve registration within twelve months from the expiration of the announcement period, and the opponent and the objected party will be notified 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 being heard by the people's court or being handled by the administrative agency. Review can be suspended. After the reasons for the suspension are eliminated, the review process should be resumed.