Tuesday, January 18, 2022

China intellectual property office issues "Method to apply accelerated review of trademark application (trial version)" , but only for special cases

If you ask me whether there is a channel to accelerate trademark application in China, I would say no, in general.  CTMO tries very hard to accelerate review speed, but there is no written down rules to accelerate review.  

In the cov-19 period back in 2019, CTMO has issued some guidance to accelerate review for medical and medical instrument trademarks, but not as long term written rules, so I assume the new method is a derivative of the actions taken in the 2019.

According to the new rule, only a few instances will be qualified to be accelerated, I have done a direct translation for you to understand:

"A trademark application under one of the following circumstances may apply for expedited review:

(1) It involves the names of any of major national or provincial projects, major projects, major scientific and technological infrastructure, major events, major exhibitions, etc., and the protection of the trademark is urgent;

(2) During the period of public emergencies such as major natural disasters, major accident disasters, major public health incidents, and major social security incidents, it is directly related to the dispose to such public emergencies;

(3) In order to serve the high-quality economic and social development, it is indeed necessary to promote the implementation of the outline for building a strong intellectual property country;

(4) Others of great practical significance for safeguarding national interests, social public interests or major regional development strategies."

The new rule provides a quick review of the trademark in 20 working days.  For ordinary applicant, it is still important to apply the trademarks as early as possible since Chine applies the first-to-file system.

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