淺析商標駁回相對理由的審查

Preliminary Analysis of Examination of Relative Grounds for Trademark Refusal

《中华人民共和国商标法》第二十八条、二十九条规定，申请注册的商标如果同他人在同一种商品或者类似商品上已经注册的商标，或初步审定的商标，或申请在先的商标，亦或同天申请但使用在先的商标相同或者近似的，应被驳回。本文就商标驳回相对理由的审查进行探讨。

Articles 28 and 29 of the Trademark Law of the People＇s Republic of China provide that where any trademark applied for registration is identical with or similar to a trademark another person has registered in the same or similar goods, or a trademark that has been preliminarily approved, or one that was first filed or where any trademark is identical with or similar to a trademark that was filed on the same day or was used earlier, the application for the registration of the trademark shall be refused. In this article the examination of the relative grounds for trademark refusal will be probed into.