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Analysis of China’s Accelerated Trademark Examination System
16 April 2024|Analysis, China, Intellectual Property, Trademark, Updates & News
Author:-
Prateek Raj. Junior Associate, Tejswi IP
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Introduction
- Unlike Japan, China did not have an expedited examination system until recently.
- On January 14, 2022, the State Intellectual Property Administration of China announced the ‘Accelerated Examination Measures for Trademark Registration Applications (Trial)’.
- On March 31, 2023, guidelines for requesting expedited examination for procedures after trademark registration were published.
- Now, applicants can request accelerated examination for procedures such as renewal.
Scope of Applications
- The scope for accelerated examination of trademark registration applications is limited, making it challenging for foreign applicants.
- However, the accelerated examination for procedures after trademark registration is relatively easy to use.
Accelerated Examination of Trademark Registration Application
- Application Status: A request for accelerated examination is limited to four cases:
- The case concerns the name of an important national or provincial level project, large-scale project, important science and technology infrastructure facility, important event/competition, important exhibition, etc., and there is an urgent need to protect trademark rights.
- In the event of an emergency situation, such as a very serious natural disaster, a very serious accident or disaster, a very serious public health incident, or a very serious social security incident.
- When there is a clear need to contribute to high-quality economic and social development, and to promote the implementation of the “Policy for Building a Strong Country on Intellectual Property Rights”.
- In other cases where there is significant and substantive significance in complying with national interests, social public interests, or important regional development strategies.
- Application Requirements: A trademark registration application for which expedited examination is requested must satisfy certain requirements.
- Required Documents: Request for accelerated examination, relevant materials proving suitability for the application situation, recommendation opinions regarding requests for expedited examination issued by relevant departments.
read more: Updates on Patent and Design Regulations in China
Accelerated Examination of Procedures After Trademark Registration
- Application Status: Accelerated examination can be requested in several situations such as when a company applies for listing, when trademark rights serve as collateral for financing, when registering trademark rights with customs, etc.
- Required Documents: Request for accelerated examination, applicant’s identity document, letter of appointment.
This analysis provides a comprehensive understanding of China’s accelerated trademark examination system, its scope, and the requirements for application. It is a significant step towards facilitating the protection of intellectual property rights in China.
For reliable and expert intellectual property legal services, contact TEJSWI IP today. Our team of experienced attorneys is dedicated to helping individuals and businesses safeguard their intellectual property rights in the digital age.
Author:-
Prateek Raj
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