Is It Really A Coincidence For Filing The Same/Similar Trademarks On The Same Day?

According to Article 31 of the China Trademark Law, the principle of "first-to-file" is the basis for acquiring trademark rights in China, with actual use as a supplement. Based on the principle of first-to-file, the application date is particularly important for a trademark.

In recent years, with the increasing number of trademark applications in China, it is inevitable that there will be cases where identical or similar trademarks are filed on the same day with the National Intellectual Property Administration ("CNIPA"), commonly known as "same-day applications." So how to determine the applicant for trademarks filed on the same day? Article 19 of the Regulations for the Implementation of the Trademark Law provides clear rules: "If two or more applicants separately file applications for registration for identical or similar trademarks over the same or similar goods on the same day, each applicant shall submit evidence of prior use of the trademark within 30 days