CNIPA announced new procedures to expedite trademark examinationAAA IPRIGHT5
On January 14, 2022, the China National Intellectual Property Administration (CNIPA) issued the Measures for Rapid Examination of Trademark Applications (hereafter referred to as “the Measure”). The following are the most important provisions:
Article 2: An application for trademark registration under any of the following circumstances may request rapid examination:
- The trademark involves the name of a major national or provincial program, key project, important scientific and technological infrastructure, big event, large exhibition, etc., and the trade mark is in urgent need of protection;
- The trademark is directly related to the response to public emergencies such as serious natural disasters, accidents, public health incidents, and social security incidents;
- The trademark is necessary to serve high-quality economic and social development and promote the implementation of the outline for the construction of a strong intellectual property right;
- Others of great practical significance for safeguarding national interests, social public interests or major regional development strategies.
Article 3: An application for trademark registration for rapid examination shall meet the following conditions at the same time:
- With the consent of all applicants;
- Electronic application;
- The trademark applied for registration is only composed of words;
- The application for registration is not for collective trademarks or certification trademarks;
- The designated goods or services are closely related to the situations listed in the Article 2 and are the standard names listed in the Trademark Classification of Similar Goods and Services;
- No priority .
Article 4: An application for rapid examination of trademark registration shall submit the following materials to CNIPA in the form of paper:
- Request for rapid examination of trademark application;
- Relevant materials conforming to the provisions of Article 2 of the Measures;
- Recommendation opinions on the request for rapid examination issued by relevant departments of the central government, national authorities, provincial governments or offices; or the examination opinions on the reasons for the request for rapid examination and the authenticity of relevant materials issued by the provincial intellectual property management departments.
Article 6: Where CNIPA approves a rapid examination, the examination shall be completed within 20 working days from the date of approval.
Expedited examination termination
Article 7: In the process of rapid examination, if any of the following circumstances is found in an application for trademark registration, the rapid examination procedure may be terminated and examined in accordance with the general procedures prescribed by law:
- The trademark registration application shall be corrected, explained or amended according to law, and the examination of same-day application is pending;
- The applicant for trademark registration makes a request for suspension of examination after making a request for rapid examination;
- Other circumstances that cannot be examined rapidly.