The preliminary approval publication is a procedure in which, after a trademark passes substantive examination, CNIPA publishes it in the Trademark Gazette for public notice; the publication period is 3 months. During this period, anyone who believes the registration would harm their interests or violate the law may file an opposition; if no opposition is filed by expiry, or the opposition is found unfounded, the trademark is approved for registration.
Legal Significance
Preliminary approval means the trademark has cleared the biggest hurdle of the examination stage—review of prohibited clauses, distinctiveness, and conflicts with prior rights has all been passed. But it is not yet a registration: the trademark right has not arisen, and the publication period exists precisely to give prior right holders and the public an opportunity to oppose. The legal basis is Article 33 of the Trademark Law.
Possible Outcomes During the Publication Period
- No opposition: upon expiry, registration is approved, the registration publication is issued, and the registration certificate granted.
- Opposed: after hearing both parties, CNIPA decides whether to approve registration; the hearing usually takes about 12 months. If registration is approved and the opponent disagrees, the opponent may request invalidation of the registered trademark; if registration is refused and the applicant disagrees, the applicant may apply for a review.
What the Applicant Should Do
- Monitor the publication information and watch for any notice of opposition response.
- If a notice of opposition response is received, respond within the prescribed period (30 days from receipt); failing to respond does not prevent CNIPA from deciding, but you forfeit the opportunity to state your case.
- Do not rush into large-scale production of packaging materials bearing "®"; wait until the registration publication before full rollout.
How to Query the Publication
You can search in the "Trademark Gazette" section of the CNIPA website by gazette issue number, application number, or applicant name.
In similar situations, it is advisable to first consult a CNIPA-recorded agent on MyTMBee to assess whether agency-assisted trademark registration is needed before deciding on the next step.