The preliminary approval publication is the statutory announcement published in the Trademark Gazette after the CNIPA preliminarily approves a trademark that has passed examination and meets the registration requirements. It is the public notice stage before a trademark is registered; within three months from the date of publication, prior right holders and interested parties may file an opposition.
Legal Status
After conducting formal and substantive examination of an applied trademark, the CNIPA preliminarily approves and publishes those found to comply with the relevant provisions of the Trademark Law. Preliminary approval does not equal registration; it only means the CNIPA recognizes at the examination level that the trademark meets the conditions for registration. Whether it is ultimately registered depends on whether an opposition is filed during the opposition period and on the outcome of the opposition review. The purpose of this stage is to place the examination conclusion under public supervision, giving prior right holders and the public an opportunity to block improper registrations.
Publication Content
The preliminary approval publication typically states: the application number, application date, trademark device, applicant's name and address, the designated goods or service items and classes, and the trademark agency. The publication is open to the public, and anyone can search it through the trademark gazette section of the CNIPA Trademark Office website.
The Three-Month Opposition Period
Under Article 33 of the Trademark Law, within three months from the date of the preliminary approval publication, prior right holders and interested parties who believe the trademark violates the relative-grounds provisions may file an opposition with the CNIPA. During the opposition period the trademark is in a pending state: the applicant cannot yet use the ® symbol or enforce rights as the owner of a registered trademark's exclusive right, and can only assert limited interests as a user of an unregistered trademark.
What Happens After the Period Ends
- No opposition: upon expiry of the publication period, the CNIPA approves the registration, publishes the registration publication, and issues the electronic registration certificate;
- Opposition filed: the case enters the opposition review procedure, in which the CNIPA hears both parties, investigates and verifies, and issues a decision to approve or refuse registration within the statutory time limit. If the opposition is not sustained, registration is approved, and the start date of the exclusive right is traced back to the date the publication period expired.
Connection with the Registration Publication
The preliminary approval publication sits at the front end of the registration process, while the registration publication sits at the end. Between the two lies the opposition period—as short as three months, or potentially extended beyond a year if an opposition is filed. From the interval between the two publications, an applicant can tell whether the trademark went through opposition proceedings.
Practical Significance
For applicants, the preliminary approval publication is a key milestone in the registration process: monitor opposition developments closely and keep contact details valid. For others, it is the lowest-cost and most direct window to block bad-faith squatting and protect prior rights; many brand owners, through routine publication monitoring, spot similar trademarks at the earliest moment and file oppositions, resolving conflicts before registration.
The application of these concepts in practice involves nuances. Before proceeding, you may consult a recorded agent through MyTMBee for targeted analysis.