Trademark Wiki / 申请流程

Can You Use ® Once the Notice of Acceptance Is Issued?

Q&APublished 2026-09-17 · Updated 2026-09-17

No. The Notice of Acceptance only means the application has been accepted; the trademark is not yet registered. Using ® requires the trademark registration certificate, otherwise it constitutes passing off an unregistered trademark as registered and may be penalized.

No. The Notice of Acceptance only shows that CNIPA has accepted the application; the trademark has not yet been registered. Only after obtaining the Trademark Registration Certificate may you label the mark with "®" or the words "Registered Trademark" on the approved goods. Using "®" without authorization during the acceptance stage constitutes passing off an unregistered trademark as a registered one, and the market regulation authority may order correction and impose a fine.

Legal Basis

Article 52 of the Trademark Law provides that where an unregistered trademark is passed off as a registered trademark, the local market regulation authority shall stop the act, order correction within a time limit, and may circulate a notice of criticism and impose a fine.

How You May Label the Mark During the Acceptance Stage

  1. You may use the "TM" sign: it indicates that the sign is used as a trademark and an application has been filed ("TM" is not a statutory mark and has no mandatory legal effect, but it serves a public-notice function).
  2. You may truthfully state in promotional materials that a "trademark registration application is pending" and present the Notice of Acceptance.
  3. Be careful not to use the mark on goods beyond the designated items of the application, to avoid infringement claims by prior right holders.

How to Use ® After Obtaining the Certificate

  • "®" should be placed at the upper-right or lower-right corner of the registered trademark.
  • It may only be used on the approved goods/services; labeling beyond that scope is likewise non-standard use.
  • The trademark actually used should be consistent with the specimen on the registration certificate; continuing to use "®" after altering the mark on your own also carries risk.

Risk Warning

Acceptance does not guarantee final approval; the application may still be refused at the substantive examination stage. Before mass-producing packaging bearing "®", confirm that the registration certificate has been issued to avoid losses.

If you are facing the issues above, you can first do a trademark archive management check on MyTMBee to confirm feasibility before deciding whether to proceed, avoiding wasted official fees from blind filings.