In principle, the trademark exclusive right begins from the date the CNIPA approves the registration (i.e., the date of the registration publication). For trademarks approved for registration after opposition proceedings, under Article 36 of the Trademark Law, the acquisition of the exclusive right is calculated from the date the three-month preliminary approval publication period expired.
Two Starting Scenarios
- No opposition: where no opposition is filed upon expiry of the opposition period, the CNIPA approves the registration and publishes the registration publication, and the exclusive right takes effect from the date the registration is approved.
- Opposition not sustained: where registration is approved because an opposition is found not sustained upon review, the start date of the exclusive right is traced back to the date the three-month preliminary approval publication period expired, so the registrant does not lose part of the rights period to the opposition proceedings.
Limits on Retroactive Effect
Also under Article 36, from the expiry of the publication period until the decision approving registration is made, the registration has no retroactive effect against others' use of identical or similar signs on the same or similar goods; however, where the user acted in bad faith and caused losses to the registrant, compensation must be paid.
Relationship with the Validity Period
The ten-year validity period is calculated from the date the registration is approved, while the validity period after renewal runs from the day following the expiry of the previous term—do not confuse the two starting points.
If you are unsure about any of the above, you can first obtain a trademark registration assessment through MyTMBee and act after a recorded agent provides an analysis.