Boyintang (Address: Building 4, China Railway Xicheng Office Building, No.486 Guanghua East 3rd Road, Qingyang District, Chengdu); Meilianhui Advertising Company (Address: 4th Floor, Lemmon City, No.51,South 4th Section of Second Ring Road, Wuhou District, Chengdu, Sichuan Province); Chengdu Unlimited Vision Brand Marketing Planning Co., Ltd. (Address: Floor 2, Building KLOC-0/B, Jing Rong International Plaza, Wuhou District, Chengdu, Sichuan), etc.

Extension: People's Republic of China (PRC) Trademark Law

Chapter III Examination and Approval of Trademark Registration

Article 28 The Trademark Office shall, within nine months from the date of receiving the application documents for trademark registration, complete the examination of the trademark applied for registration, and if it meets the relevant provisions of this Law, make a preliminary examination and approval announcement.

Article 29 In the course of examination, if the Trademark Office considers that the contents of the application for trademark registration need to be explained or modified, it may request the applicant to make explanations or modifications. If the applicant does not make explanations or amendments, it will not affect the examination decision of the Trademark Office.

Article 30 Where a trademark applied for registration does not conform to the relevant provisions of this Law or is identical with or similar to a trademark that has been registered or preliminarily approved by others on the same kind of goods or similar goods, the Trademark Office shall reject the application without making an announcement.

Article 31 Where two or more applicants for trademark registration apply for registration with the same or similar trademarks on the same commodity or similar commodities, they shall make a preliminary examination of the trademark applied earlier and make an announcement; Where an application is filed on the same day, the prior trademark shall be preliminarily examined and announced, and the application of others shall be rejected without announcement.

Article 32 An application for trademark registration shall not damage the prior rights of others, nor shall it preempt the registration of a trademark that has been used by others and has certain influence by unfair means.

Article 33 If, within three months from the date of the announcement of preliminary examination and approval, the prior obligee or interested party thinks that the trademark violates the provisions of Article 13, paragraph 2, paragraph 3, Article 15, Article 16, paragraph 1, Article 30, Article 31 and Article 32 of this Law, or that it violates the provisions of Article 10, Article 11 and Article 12 of this Law, it may file an objection with the Trademark Office. If there is no objection at the expiration of the announcement period, the registration shall be approved, a trademark registration certificate shall be issued and an announcement shall be made.

Article 34 The Trademark Office shall notify the applicant for trademark registration in writing of the trademark whose application is rejected and whose announcement is not made. 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 30 days from the date of receiving the notice.

Article 35 Where an objection is raised to a trademark that has been preliminarily examined 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.

Where the Trademark Office approves the registration, it shall issue a trademark registration certificate and make an announcement. If the objector refuses to accept it, he may, in accordance with the provisions of Articles 44 and 45 of this Law, request the Trademark Review and Adjudication Board to declare the registered trademark invalid.

If the trademark office refuses to register, and the objector refuses to accept it, 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 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. Anyone who refuses to accept the decision of the Trademark Review and Adjudication Board may bring a suit in a people's court within 30 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, 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, the Trademark Review and Adjudication Board may suspend the examination. After the reasons for suspension are eliminated, the review procedure shall be resumed.

Article 36 If, at the expiration of the statutory time limit, the party concerned does not apply for reexamination of the Trademark Office's decision to reject the application or not to register, or does not bring a suit in a people's court against the reexamination decision of the Trademark Review and Adjudication Board, the application shall be rejected, not to register or the reexamination decision shall take effect.

For a trademark approved for registration after the objection is not established after examination, the time for the 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 to the date of the decision to approve the registration, there is no retrospective effect on the use of the same or similar logo with the trademark by others on the same or similar goods; However, the losses caused to the trademark registrant by the malicious users shall be compensated.

Article 37 Applications for trademark registration and trademark reexamination 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.