China -  Chinese law firm

What happens if someone else registers the same trademark and at the same time as I do?

The Trademark registration procedures of China utilize a "First-to-File" system. This means that whoever is the first party to file for the registration of a particular trademark will have the rights to apply for registration of that trademark. Article 18 of the Trademark Law explains this "First-to-File" system. If two parties file the same trademark on same day, the State Intellectual Property Office will examine the trademark that was used first. This means that whichever party used the trademark first in business or advertisements will have his application accepted for preliminary examination, whereas the other application(s) will be outright declined for preliminary examination by the State Intellectual Property Office.

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