In case all applicants fail to provide evidence of prior use before applying for registration within the statutory time limit for supplementary evidence, or the provided evidence of use is invalid, the Trademark Office will issue a Notice of Consultation on the Day of Trademark Registration Application to all applicants after examination.
The applicant shall, within 30 days from the date of receiving the notice, negotiate by himself and submit a written agreement. The Trademark Office shall make an examination decision according to the written agreement provided by the applicant. If a written agreement is not submitted within the prescribed time limit or the agreement is invalid, it shall be regarded as a failure of negotiation.
Matters needing attention in the consultation procedure:
1. The application review procedure for trademark registration on the same day does not accept the coexistence agreement, so all applicants can only retain one applicant's trademark application right after consultation;
2. The written agreement shall specify the negotiation result, and the result shall not cause rights conflict and affect the evaluation conclusion;
3. The contents of the written agreement need to completely contain trademark information, including trademark application number, trademark name, designated goods or services, name of the applicant, etc.
4. The written agreement shall be signed and sealed by all applicants, and the negotiation date shall be indicated.