What if the trademarks applied for registration are the same or similar?

According to the Detailed Rules for the Implementation of the Trademark Law, if two or more applicants apply for registration of the same or similar trademark on the same day, each applicant shall submit evidence of the earlier use date of the trademark within 30 days from the date of receiving the notice from the Trademark Office. Whether to use or not to use it on the same day shall be negotiated by the applicants. If consensus is reached through consultation, a written agreement shall be submitted to the Trademark Office within 30 days; If an agreement cannot be reached after more than 30 days, the Trademark Office shall notify all applicants, determine one applicant by drawing lots, and reject the registration applications of other applicants. If the Trademark Office has notified the applicant but did not participate in the lottery, it shall be deemed as giving up the application, and the Trademark Office shall notify the applicant who did not participate in the lottery in writing.

1. Where two or more applicants apply for registration of the same or similar goods with the same or similar trademarks at the same time, and the two applicants use or do not use them on the same day, the trademarks shall be examined.

2. After examination, if two or more trademarks still meet the requirements of preliminary examination and approval, the Trademark Office shall notify the applicant to negotiate. Within 20 days from the date when the Trademark Office issues the consultation notice, it shall be deemed to have been delivered.

3. Within 30 days from the date of service of the consultation notice, the relevant applicant fails to reach an agreement or submit an agreement to the Trademark Office. The Trademark Office informs the applicant to draw lots.

When all applicants fail to arrive at the Trademark Office on time or refuse to draw lots, the Trademark Office will investigate and make a ruling. Examining and approving one applicant's trademark and rejecting other applicants' trademark applications.

5. The drawing agenda shall be presided over by the director of the examination department of the Trademark Office or his designated personnel, and relevant examiners shall be present. Fill in the Trademark Approval Decision on the spot and submit it to the relevant applicant.