Direct answer
When two or more applicants apply on the same day for identical or similar marks on the same or similar goods or services, China has a specific procedure. A same-day filing does not mean each applicant automatically shares the right.
Confirm that it is a same-day case
CNIPA’s 2026 English procedure guideline defines the situation by the filing date, the marks and the goods or services. First compare the official application dates and the relevant goods; two filings merely close in time do not create this procedure. The guideline and the current Trademark Law explain that evidence of earlier use can matter when the filing dates coincide.
Follow the office’s requests
Article 19 of the Trademark Law Implementing Regulations requires same-day applicants to submit evidence of prior use within 30 days of receiving CNIPA’s notice. If both first used the mark on the same day, or neither used it, they may negotiate and submit a written agreement within 30 days of receiving the relevant notice. If negotiation fails or no agreement is submitted, CNIPA determines the applicant by drawing lots; failure to attend the draw is treated as abandonment. Preserve dated market evidence and the record of how and by whom the mark was used. Check the notice actually served before docketing a deadline.
Keep good faith and portfolio facts in view
CNIPA’s guideline states that applicants must act in good faith. A professional should test whether the dispute really concerns the same or similar sign and goods, whether use evidence is attributable to the relevant applicant, and whether other rights or relationships matter. A general article cannot decide priority from a logo image or a search result alone.
Questions to put in a case brief
- Do the official filing dates match?
- Which goods and signs are actually considered identical or similar?
- What dated use evidence belongs to each applicant?
- What notice was served, and who will manage the response?
Legal timing and limits
The 2019 amended Trademark Law is the applicable law on this source-check date. The 2026 revised Trademark Law was enacted in June 2026 and is scheduled to take effect on 1 January 2027. A matter crossing that date needs the governing text and any final implementing measures checked again; this guide does not apply the future law early.
This page is ChanYond’s independent explanation of public source material, not an official CNIPA or WIPO statement. Exact procedural deadlines, eligibility, fees and available remedies must be checked against the actual notice, the current official instructions and the facts of the matter. A filing or registration outcome is never guaranteed.
Official sources and scope
The links below are the official materials checked on 2 November 2026. For a particular matter, check the operative text, any implementing measures and the actual notice before acting.