TRADEMARK REGISTRATION PROCESS FLOWCHART

(1) Application Review Requested

The applicant requests for further review to the CNIAP when they are not satisfied with the decision of their application.  Upon further review the CNIAP may overturn their initial decision.  In such case, the application with be "green lighted" and the application process will proceed back to the path of approval.  If the initial decision is upheld, the applicant may either abandon their application or purse adjudication through the Beijing Intellectual Property Court.

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(2) Registration Approval and Announcement

It is important to note, once a trademark is registered there are circumstance in which the registration may be revoked.

a) Non-use Cancellation

If the trademark has not been in use for a period of 3 years or more, the CNIPA may cancel the trademark registration.  This is particularly common if a challenging applicant wishes to register the same or very similar mark.  The burden of proof is placed on the original trademark owner and must satisfy the CNIPA requirements of use.

b) Nullification

A registered trademark may be nullified if the CNIPA discovers, by itself or by inform, and is satisfied the registrant has registered a trademark for purposes of trademark squatting or misleading the public.  In most cases, these are marks of brands which either have; (a) not registered their marks in China but are well-known aboard and the squatter wishes to capitalize when the brand decides to enter the China market for their products or services, (b) the mark resembles a well-known brand for the intention of misleading or confusing the public into believing their product or service is that of the well-known brand.