The registration publication is the statutory announcement published in the Trademark Gazette after the CNIPA approves a trademark registration. It marks the trademark's formal status as a registered trademark, with the registrant enjoying the exclusive right from the date the registration is approved.
Legal Status
Under the relevant provisions of the Trademark Law, where no opposition is filed upon expiry of the preliminary approval publication period, or the opposition is found not sustained upon review, the CNIPA approves the registration, issues the trademark registration certificate, and publishes the registration publication. The registration publication and the registration certificate together constitute the official notice and credential of trademark ownership: the publication is a notice of rights to the general public, while the certificate is the credential of ownership issued to the right holder; their contents are identical and mutually corroborating.
Publication Content
The registration publication states the registration number, trademark device, registrant's name, approved goods or services, class, registration date, validity period, and other information, consistent with the certificate. The public can search registration publications through the trademark gazette section of the CNIPA Trademark Office website to learn the ownership status and scope of rights of any trademark.
Differences from the Preliminary Approval Publication
- Different stage: the preliminary approval publication comes after examination is passed but before registration is approved; the registration publication comes at the moment registration is approved and is the endpoint of the registration process;
- Different effect: after the preliminary approval publication the trademark is pending and can be opposed; after the registration publication the exclusive right is effective and the trademark is registered;
- Different remedies: against a preliminarily approved trademark, file an opposition; against a registered trademark, challenge only through invalidation, non-use cancellation, and similar procedures;
- Different frequency: normally each trademark has one preliminary approval publication and one registration publication, but where a partially refused application succeeds on review, the publication arrangement may be adjusted.
Rights Status After the Registration Publication
From the date of the registration publication, the registrant can: use the registered trademark on the approved goods with the ® symbol; file complaints and lawsuits against infringers; and dispose of the right through assignment, licensing, or pledge. At the same time, the ten-year validity period begins to run, and maintenance obligations such as renewal, change, and preservation of use evidence begin.
Practical Significance
The date of the registration publication is the starting point of the ten-year validity period and the dividing line for using the ® symbol. For others, the registration publication is an authoritative source for searching prior rights and assessing conflict risks—searching registered trademarks before filing a new application mainly means searching registration publication data. For right holders, once the registration publication is issued, they should promptly download the electronic registration certificate, retain the publication page information, and use the publication date as the baseline for renewal and maintenance cycle management.
How the above concepts apply in specific cases may vary in detail. You may consult a recorded agent through MyTMBee for an analysis tailored to your case.