According to the Implementing Rules of the Trademark Law, if two or more applicants apply for registration of the same or similar trademarks on the same or similar goods on the same day, each applicant shall Evidence of the date of prior use of the trademark shall be submitted within thirty days from the date of receipt of the notice from the Trademark Office. If the trademarks are used on the same day or are not used at all, each applicant shall negotiate. If the consensus is reached, a written agreement shall be submitted to the Trademark Office within thirty days; if an agreement cannot be reached within thirty days, the Trademark Office shall notify each applicant to draw lots. The method identifies one applicant and rejects registration applications of others. If the Trademark Office has notified the applicant but does not participate in the lottery, the application will be deemed to have been abandoned, and the Trademark Office shall notify the applicant in writing that did not participate in the lottery.
1. If two or more applicants apply for registration of the same or similar trademark on the same or similar goods on the same day, and use it on the same day or neither of them uses it, Trademarks should be reviewed for these applications for trademark registration.
2. After review, if two or more trademarks still meet the preliminary approval requirements, the Trademark Office shall notify the applicant for negotiation. Within 20 days from the date when the Trademark Office issues the negotiation notice, it will be deemed to have been served.
3. Within 30 days from the date of delivery of the negotiation notice, the relevant applicant fails to reach an agreement or fails to submit the agreement to the Trademark Office. The Trademark Office notifies the applicant to draw lots.
4. When the applicants fail to arrive at the Trademark Office as scheduled or refuse to draw lots, the Trademark Office will investigate and make a ruling. Approval of one applicant's trademark and rejection of other people's applications.
5. The drawing agenda will be presided over by the Director of the Examination Division of the Trademark Office or his designated personnel, and the relevant examiners will be present. Fill out the "Trademark Approval Lottery Decision" on the spot and submit it to the relevant applicant.