Application[1]

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Trademark Office-----------------Correction[2]

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Examination---------------Modification[3]

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      |-------------------Refuse[4]----------------Review[5]

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Gazette-------------------Opposition[6]------------Review[7]

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Registration

[1] When applying for the registration of a trademark, the applicant shall file one application in respect of each class of goods according to the Classification of Goods as published. For each filing, an " Application for Trademark Registration" shall be submitted to the Trademark Offices accompanied by ten copies of the reproductions of the trademark (If color is claimed, ten copies of the color reproductions of the trademark shall be attached thereto.) and one copy of the black and white design thereof. The reproductions of a trademark must be clear and easy to be pasted up, and shall be printed on smooth and clear durable paper or substituted by photographs, the length and breadth of which shall be less than 10 cm but more than 5 cm each.

[2] Where the formal formalities are basically complete or the application form is basically in conformity with the relevant provisions, but there is still a need for the applicant to make necessary supplements thereto or corrections thereof, the Trademark Office shall notify the applicant to make such supplements or corrections as advised and require the latter to resubmit the supplemented or corrected application to the Trademark Office within fifteen days from receipt of the notification. If it is supplemented or corrected and resubmitted to the Trademark Office within the time limit, the filing date shall be retained; but if no such supplements or corrections have been made at the expiration of the specified period or they are made beyond the time limit, no filing date shall be retained.

[3] Where the Trademark Office considers that the application for a trademark registration is yet to be modified, it shall send an "Examiner's Advice" to the applicant and require the latter to make necessary modifications within fifteen days from receipt of the notification. If no such modifications have been made at the expiration of the specified period, or the modifications are made beyond the time limit, or the modified application is still not in conformity with the relevant provisions of the Trademark Law. the Trademark Office shall refuse the application and send a " Notification of Refusal" to the applicant.

[4] The Trademark Office shall, according to the Trademark Law, examine all the applications it has accepted. Where a trademark is distinctive and in conformity with the relevant provisions of the Trademark Law, the Trademark Office shall, after examination, preliminary approve the trademark and publish it in the "Trademark Gazette". Where an application for trademark registration is refused, the Trademark office shall send a " Notification of Refusal" to the applicant.

[5]. When applying for review of the refused trademark, the applicant shall, within fifteen days from receipt of the notification of refusal, send an "Application for Review of the Refused Trademark" to the Trademark Review and Adjudication Board, accompanied by the original "Application for Trademark Registration", ten copies of the original reproductions of the trademark, one copy of the black and white design thereof and the 'Notification of Refusal". The Trademark Review and Adjudication Board shall make a final decision and notify the applicant of the same in writing. Where a trademark is, according to the final decision, to be preliminary approved, it shall be transferred to the Trademark Office for the corresponding actions.

[6] Where an opposition is filed against a trademark which has, after examination, been preliminary approved and so published by the Trademark Office, the opponent shall send two copies of the same "Application for Trademark Opposition" to the Trademark Office. The "Application for Trademark Opposition" shall indicate both the page number and issue number of the "Trademark Gazette" in which the opposed trademark was published and the number of the preliminary approval. The Trademark Office shall send one copy of the " Application for Trademark Opposition" to the opposed party or a response to be made within thirty days from receipt of the notification, and then make an adjudication on the basis of such facts and grounds as stated by both parties. If no response has been made at the expiration of the specified period; the Trademark Office shall also make an adjudication thereon and notify the interested parties of the same. If an opposed trademark has, prior to the entry into force of the adjudication on the opposition, been announced as a registered trademark in the " Trademark Gazette" , the announcement thereof shall be invalid.