In order to help trademark applicants understand the examination rules and procedures for same-day applications for trademark registration and reasonably file trademark registration applications, the CNIPA has formulated the Guidelines on the Procedures for Same-Day Applications for Trademark Registration. And we hereby make a brief description of the guidelines as follows.

Correct Understanding of Same-Day Application for Trademark Registration 

The "same day application for trademark registration" referred to in these Guidelines refers to the situation where two or more applicants file applications for registration of identical or similar trademarks for the same or similar goods or services on the same day. The examination procedure of same day application for trademark registration aims at solving the problem of uncertainty of the right to apply for a trademark, and at the same time, in order to enable the applicants to have a reasonable expectation of registrability, the trademark application is examined in advance at this stage.

Examination Procedures for Same-Day Applications for Trademark Registration 

Phase I: Sending additional evidence of use

The main purpose of this stage is to judge the prior use, and the applicant who can prove prior use before applying for registration is granted the right to apply for the trademark. If none of the applicants submits evidence of use, or if the evidence of use submitted does not prove prior use, the same day application will proceed to the next stage of the examination process. 

Phase II: Negotiation phase 

The second stage is the negotiation stage. If none of the applicants has prior use or cannot determine prior use, but can determine the trademark applicant through self-consultation, the applicant determined by consultation shall be granted the right to apply for the trademark, and if the applicant is unwilling to negotiate or the consultation fails, the same day application shall proceed to the next stage.

Phase III: Drawing of lots 

The third stage is the drawing of lots. If the applicants are unwilling to negotiate or the negotiation fails, the stage of drawing lots will be entered, and the right to apply for a trademark will be determined by drawing lots. If the applicant fails to participate in the drawing of lots, he/she is regarded as abandoning the application