CNIPA's answers on same-day filings, refusal and invalidation

Where two or more applicants apply for identical or similar marks, the same-day procedure (use evidence, negotiation, drawing lots and so on) first settles on one applicant, whose application then goes to substantive examination.

The winner goes on to substantive examination. The loser is refused outright.

Both are refused for the conflicting part.

If you give up the draw, the mark will be refused, with no other consequence.

Lots are drawn for the identical or similar goods in each class. For example, if Classes 25 and 35 in one application number both need a draw, and Class 25 wins while Class 35 does not, separate conclusions are reached according to each result.

The time of payment does not affect the filing date.

They go through the same-day procedure as different applicants.

The application waits for the assignment to finish and then goes through examination normally. No draw is held.

Either is fine.

No.

If only some goods are similar, the examiner issues a partial refusal notice. The remaining goods are not refused and are kept.

1. When we receive a division application, the mark is split into two, one of which has an A added after the original number. 2. The two numbers have two registration certificates. 3. Later matters are also charged as two numbers.

When its refusal review procedure ends.

No.

You can file a new registration application. Nothing needs to be done about the earlier application.

A refusal review can be filed by the applicant itself.

The Trademark Office does not require it. You choose whether to file a review.

It cannot be guaranteed.

The examination result only shows whether the exclusive right can be obtained.

A mark not registered by the Trademark Office is not protected by the Trademark Law.

Each trademark right is independent. A new application is examined under current standards. Refusal of the new application on the basis of an earlier identical or similar mark does not affect use of the applicant's earlier registered mark.

It will be refused.

They can only be held by one entity.

Simply do not pay. It has no effect on later applications.

Article 44: where a registered trademark violates Article 4, 10, 11, 12 or 19(4) of this Law, or was registered by fraud or other improper means, the Trademark Office shall declare it invalid; other organizations or individuals may request the Trademark Review and Adjudication Board to declare it invalid.

Article 45: where a registered trademark violates Article 13(2) or (3), 15, 16(1), 30, 31 or 32 of this Law, the holder of the earlier right or an interested party may, within five years of the date of registration, request the Board to declare it invalid. For bad-faith registrations, the owner of a well-known mark is not bound by the five-year limit.

The Trademark Review and Adjudication Board shall decide whether to maintain the registration or declare it invalid within twelve months of receiving the request, and notify the parties in writing. In special circumstances this may be extended by six months with the approval of the State Council's administrative department for industry and commerce.

Yes.

A new registration certificate will be issued.

After requesting invalidation of another's mark, an applicant can file a request with the Trademark Office to defer examination.