ChapterⅢ  Examination and Approval of Trademark Re 2021-04-13 00:37:24

 


Article 28  For a trademark applied for registration, the Trademark Office shall, within nine months upon receipt of application documents for trademark registration, complete the examination. Where the provisions of the Law have been complied with, the Trademark Office shall make an announcement on preliminary examination and determination.
 

Article 29  During the process of examination, where the Trademark Office considers that the contents of the application for trademark registration are required to be explained or revised, it may ask the applicant to make explanation or correction; the failure of the applicant to make such explanation or correction will exert no effort on the decision made by the Trademark Office.
 

Article 30  Where a trademark to be applied for registration is in nonconformity with the relevant provisions of the Law, or it is identical with or similar to the trademark of another person that has, in respect of the same or similar goods, been registered or preliminarily approved, the Trademark Office shall refuse the application without announcement.
 

Article 31  Where two or more applicants apply for the registration of identical or similar trademarks for the same or similar goods, the preliminary approval and the announcement shall be made for the trademark that was first filed. Where applications are filed on the same day, the preliminary approval, and the announcement shall be made for the trademark that is used the earliest, and the applications of the others shall be refused without announcement.
 

Article 32  The trademark application shall neither infringe upon another party's prior existing rights, nor be an improper means to register a trademark that is already in use by another party and enjoys substantial influence.
 

Article 33  Where any prior right owner or interested person believes that provisions of Paragraphs 2 and 3 of Article 13, Article 15, Paragraph 1 of Article 16, Article 30, Article 31 or Article 32 of the Law have been breached or any person believes that the provisions of Article 4, Article 10, Article 11, Article 12 or Paragraph 4 of Article 19 have been violated, it may raise an objection to the Trade Office against a trademark that has been published after a preliminary examination within three months from the date of announcement. When no objections have been raised upon expiration of such period, the application shall be approved for registration with issuance of a certificate of trademark registration and announcement of the trademark.
 

Article 34  The Trademark Office shall notify the applicant in writing of the trademark that has been rejected and has not been published. The applicant who is dissatisfied with the decision may apply to the Trademark Review and Adjudication Board for a review within 15 days from receipt of the notice. The Trademark Review and Adjudication Board shall make a ruling within nine months from receipt of the application, and notify the applicant in writing. In case of prolonging such period for certain special situations, it may be prolonged for three months after the approval of the administrative department for industry and commerce under the State Council. In the event that the party concerned is dissatisfied with the ruling of the Trademark Review and Adjudication Board, it may appeal to the People's Court within 30 days from receipt of the notice.
 

Article 35  In the event that an objection is raised against a trademark published after preliminary examination, the Trademark Office shall consider the facts and grounds submitted by both the dissenting party and the person challenged and shall decide on whether the registration is allowed within 12 months upon the expiration of announcement after investigation and verification, and notify the dissenting party and the person challenged in writing. In case of prolonging such period for certain special situations, it may be prolonged for six months after the approval of the administrative department for industry and commerce under the State Council.
Where the Trademark Office decides to approve the registration, it shall grant a certificate of trademark registration to the person challenged and publish the same. In case the dissenting party is dissatisfied, it may request to the Trademark Review and Adjudication Board for nullification of the registered trademark according to Article 44 and Article 45 hereof.
Where the Trademark Office decides not to approve the registration and the person challenged is dissatisfied, it may apply to the Trademark Review and Adjudication Board for review within 15 days upon receipt of the notice, which shall, with 12 months upon receipt of the notice, make a ruling for the review and notify the dissenting party and the person challenged in writing. In case of prolonging such period for certain special situations, it may be prolonged for six months after the approval of the administrative department for industry and commerce under the State Council. In the event that the person challenged is still dissatisfied with the ruling of such review, it may file a lawsuit before the People's Court within 30 days upon receipt of the notice. The People's Court shall notify the dissenting party of participation in the proceedings as a third party.
During the review by the Trademark Review and Adjudication Board in accordance with previous provisions, where the determination of prior rights involved is based on another case that the people's court is hearing, or the administrative organization is handling, such review may be suspended. After the cause for such suspension is eliminated, the review shall be resumed.

 

Article 36  Upon expiry of the legal term, in the event that no party concerned applies for review against the rejection or refusal decision by the Trademark Office or files any lawsuit with respect to the ruling of review by the Trademark Review and Adjudication Board before the People's Court, such rejection, refusal decision or ruling of review shall come into force.
Where the above-mentioned objection is disconfirmed upon examination and thus the registration of the trademark in question is approved, the date of acquiring the exclusive right to use a trademark by the applicant shall be calculated as of the expiration of three-month announcement period of preliminary examination. From the expiry of the announcement period of the trademark till the ruling on approval of registration, there will be no retroactive effects for uses of symbols the same as or similar to the trademark or on the same or similar goods by others; however, where such hostility of users causes losses to the trademark registrant, the users shall compensate the same.

 

Article 37  The application for registration and review of trademarks shall be examined on a timely basis.
 

Article 38  When the trademark application applicant or the registrant finds obvious mistakes in the trademark application documents or registration documents, it may apply for correction. The Trademark Office shall make corrections within its power of authorities and notify the party concerned.
The corrections referred to in the last paragraph shall not involve material contents of the trademark application or registration documents.

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