What is the review procedure for same-day trademark registration applications?

Before a company wants to promote its trademark, it must register the trademark. If it promotes the trademark before it is registered, there may be a risk of the trademark being registered by others. Trademark registration requires an application to be submitted to the Trademark Administration Bureau, along with relevant trademark materials. So what are the substantive review procedures for applying for trademark registration on the same day? The editor of Legal Savior Network will answer the questions for readers below.

What is the review procedure for same-day trademark registration applications

Same-day trademark registration application means that two or more trademark registration applicants apply for registration of the same or similar trademark on the same or similar goods.

Confirmed as a trademark applied for on the same day, the Trademark Office reported The applicant issues a "Notice for Submission of Evidence of Use on the Same Day as Trademark Registration", and the relevant applicant shall submit evidence of use of the trademark before applying for registration within 30 days from the date of receipt of the notice. If one applicant provides evidence of effective use, but the other party fails to provide or fails to provide effective evidence within the statutory time limit, the trademark application for effective use will be initially reviewed and announced, and the other party's trademark registration application will be rejected or partially rejected. Applicants provide evidence of effective use within the statutory period, preliminarily review and announce the previously used registration application, and reject or partially reject other people's trademark applications. If an applicant voluntarily abandons the application for part or all of the goods, the applicant may provide a written statement to the Trademark Office. Make a decision to reject or partially reject the registered trademark application based on its statement, and preliminarily review other people's trademark registration applications.

None of the applicants has met the legal deadlineIf the evidence of use provided within the period or the evidence of use provided is invalid, and the evidence of use provided is valid evidence of use on the same day, the Trademark Office will also issue a "Notice of Negotiation for Application for Trademark Registration on the Same Day" to the applicant, and the applicant will negotiate on his own from the date of receipt of the notice. , and submit the written agreement to the Trademark Office. Based on the written agreement provided by the applicant, the Trademark Office will make a decision on preliminary review, rejection or partial rejection of the trademark application. If a written agreement is not submitted within the prescribed time limit or the agreement is invalid, the negotiation will be deemed to have failed.

For trademark registration applications that do not reach an agreement, the trademark The Trademark Office issues a "Notice of Lottery for Application on the Same Day as Trademark Registration" to the applicant, informing him or her to go to the Trademark Office to draw lots within the specified time. Based on the results of the lottery, the trademark registration application of the winner will be initially reviewed and announced, and the trademark registration application of others will be rejected or partially rejected. If the Trademark Office has notified but one applicant fails to participate in the lottery, the application will be deemed to have been abandoned, and the other party will naturally win the lottery: If the Trademark Office has notified but neither applicant of the parties participates in the lottery, the Trademark Office shall reject or partially reject the trademark registration applications of all parties. .

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