China trials fast-track examination for trademark applications
The China National Intellectual Property Administration (CNIPA) released the Measures for Fast-track Examination of Trademark Registration Applications (for Trial Implementation).
The rules went into effect on the same day and apply to four distinct types of trademark applications that will be eligible for expedited processing. The test will be completed in 20 working days if all prerequisites are met and a fast-track examination is granted.
This significantly reduces the nine-month examination period typically experienced by applicants in China.
Eligibility for fast-track examination
Article 2 of the measures states that fast-track examination can be requested in the following circumstances:
- The application relates to the names of national or provincial major projects, major programmes, major scientific and technological infrastructure, and major events and exhibitions, and trademark protection is urgent.
- During major public emergencies such as natural disasters, major accidents and disasters, public health emergencies and social security emergencies, and use of the trademark is directly related to the response to such public emergencies.
- The application is necessary to facilitate high-quality economic and social development and advance the implementation of the Guidelines for Building a Powerful Intellectual Property Nation.
- The application is of practical significance for the national interest, public interest or major strategies for regional development.
Requirements
The measures stipulate that the following prerequisites must be satisfied in order to benefit from fast-track examination:
- The applicants must all agree at the same time;
- It is required that the application be submitted electronically.
- The application can only be for a word mark.
- An application for a collective trademark or certification mark is not permitted.
- There must be no priority claims, and the designated goods or services must be directly related to the public crises mentioned in Article 2 of the measures. They must also contain the standard terminology listed in the Classification of Goods and Services.
The measures further indicate that paper copies of certain papers must be supplied to the CNIPA in addition to the foregoing requirements. These documents include the following:
- the application form for fast-track examination;
- the documentation demonstrating eligibility for fast-track examination; and
- a letter of recommendation issued by a competent authority (under the central and state government, the provincial government or the general office of the provincial government).
Procedure
After accepting and approving the request, the CNIPA will perform the fast-track inspection within 20 days.
Applications that do not comply with the provisions of the measures may be terminated by the CNIPA during examination; as a result, they will not be subject to fast-track examination and will be examined according to the normal procedures specified by law.
Fast-track examination may be canceled in three situations, according to the measures:
- There are trademarks submitted on the same day that are being examined, and the application requires modifications, clarifications, or corrections.
- After making a request for fast-track examination, the applicant has requested that trademark examination be suspended.
- Other situations prevent a fast-track evaluation.
Relevant parties may file oppositions or requests for entire or partial rejections against trademarks that have been preliminarily approved and published in the Trademark Gazette.
The measures were applied on a trial basis by the CNIPA. Applicants who meet the qualifications, on the other hand, can benefit from a much shorter test period. This also applies to worldwide trademark owners, making it particularly valuable when immediate and urgent protection is required.
International brand owners should consult with local counsel to ensure that their applications are compliant with the rules and to organize the appropriate paperwork.
It will be fascinating to observe how many applications are expedited and whether this becomes a permanent component of China’s trademark law.
***Other Articles***
– You could see How To Register Trademark in China here.
– You could visit here to see Procedure of Trademark in China.
– You could visit here to check Required documents of filing trademark in China.
Contact AAA IPRIGHT: Email: [email protected]
Or sending your inquiry by filling the form:
