Chinese IP Law Updates
November 2, 2016

CTMO Promises to Issue Trademark Filing Receipt in within Three Months

To fulfill the promise of shortening trademark registration application filing and receipt issue period from 6 months to 3 months, the Application Office has decided to reform the formal examination process and organize better with the Cooperation Center for Trademark Examination, Digital China office and relevant organizations ensuring to shorten the issue period as required.

Please find below a simplification of the key features:

I. The CTMO promises to listen to useful opinions and ensure proper adjustment in examination process.

II. In addition, to choose rationally and ensure the practicability of trademark registration application diversion.

Differences exist between online applications and paper applications. The Application Office proposes optimization scheme of application diversion and formulates different formal examination processes for different application ways.

(i) Online Applications: Adjustment of formal examination process has been completed in early September. After that, online applications would follow the new process. After having proved to be qualified and having charged the necessary trademark fees, the filing receipt will be issued.

A total of 1.25 million online applications should be submitted before adjustments will be examined in accordance with the original process.

(ii) Paper Applications: Coordinating with Digital China,the CTMO examines applications in progress and use background programme to submit qualified applications after the evaluation in order to shorten the period of invoice issuing.

At present time, all trademark registration applications submitted and complied with accepted requirements on July 26th and before will receive filed receipts issued in succession starting immediately.

III. Improve efficiency and ensure the quality of formal examination.

CTMO has formulated SEVEN measures during the Opposition Division Work Conference in October 30th.
Please find below a simplification of these measures taken during the conference:

1.Overall implementation on Sole Examination System.
2.Formulation of the Opposition Substantive Examination Regulation.
3.Facilitation of opposition process.
4. Digitalization of opposition evidence.
5.Shorten archival retention period of opposition evidence.
6.Set up “Blacklist” system.
7.Strengthen the Party building and team building.

If you would like some more personalized review of the news from us, please kindly let us know by writing to: Thank you.