article 34 the trademark office shall notify the applicant for trademark registration in writing of the trademark whose application is rejected and which will not be announced. If the applicant for trademark registration is not satisfied, he may apply to the Trademark Review and Adjudication Board for reexamination within 15 days from the date of receiving the notice. The Trademark Review and Adjudication Board shall make a decision within nine months from the date of receiving the application and notify the applicant in writing. There are special circumstances that need to be extended, which can be extended for three months with the approval of the administrative department for industry and commerce of the State Council. If a party refuses to accept the decision of the Trademark Review and Adjudication Board, he may bring a suit in a people's court within 3 days from the date of receiving the notice.
article 35 where an objection is raised to a trademark that has been preliminarily approved and announced, the trademark office shall listen to the facts and reasons stated by the objector and the objector, and after investigation and verification, make a decision on whether to approve the registration within 12 months from the date of expiration of the announcement, and notify the objector and the objector in writing. There are special circumstances that need to be extended, which can be extended for six months with the approval of the administrative department for industry and commerce of the State Council.
if the trademark office decides to approve the registration, it shall issue a trademark registration certificate and make an announcement. If the objector refuses to accept it, he may request the Trademark Review and Adjudication Board to declare the registered trademark invalid in accordance with the provisions of Articles 44 and 45 of this Law.
if the trademark office decides not to register, and the objector refuses to accept it, it may apply to the Trademark Review and Adjudication Board for reexamination within 15 days from the date of receiving the notice. The Trademark Review and Adjudication Board shall make a reexamination decision within 12 months from the date of receiving the application, and notify the objector and the objector in writing. There are special circumstances that need to be extended, which can be extended for six months with the approval of the administrative department for industry and commerce of the State Council. If the objector refuses to accept the decision of the Trademark Review and Adjudication Board, he may bring a suit in a people's court within 3 days from the date of receiving the notice. The people's court shall notify the dissenter to participate in the proceedings as a third party.
in the process of reexamination in accordance with the provisions of the preceding paragraph, the Trademark Review and Adjudication Board may suspend the examination if the determination of the prior rights involved must be based on the results of another case being tried by the people's court or being handled by the administrative organ. After the reasons for suspension are eliminated, the review procedure shall be resumed.
article 36 after the expiration of the statutory time limit, if the parties concerned do not apply for a review of the decision made by the trademark office to reject the application or not to register, or do not bring a lawsuit to the people's court against the review decision made by the trademark review and adjudication board, the decision to reject the application, not to register or the review decision will take effect.
for a trademark approved for registration after examination, the time for the trademark registration applicant to obtain the exclusive right to use the trademark shall be counted from the date of expiration of the three-month preliminary examination and approval announcement. From the date of expiration of the trademark announcement until the decision to approve the registration is made, it has no retrospective effect on others' use of the same or similar logo with the trademark on the same or similar goods; However, the losses caused to the trademark registrant by the user's malice shall be compensated.
article 37 applications for trademark registration and trademark re-examination shall be examined in a timely manner.
article 38 where an applicant or registrant for trademark registration finds that there are obvious errors in the trademark application documents or registration documents, he may apply for correction. The Trademark Office shall make corrections within the scope of its functions and powers according to law and notify the parties concerned.
the correction of errors mentioned in the preceding paragraph does not involve the substantive contents of the trademark application documents or registration documents.