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Intellectual Property

CHINA – TRADEMARK ELECTRONIC APPLICATION

By Vera Sung & Angel Luo

With the China Intellectual Property Administration (“CNIPA”)’s Announcement to “Regulations of Trademark Electronic Application (No. 323)” on 27 August 2019, taking effective from 1 September 2019, the majority of trademark matters now can be filed through CNIPA’s E-filling system, such as applications for trademark registrations, assignment, change of names/addresses, renewal of registration and deletion of goods/services, for more matters, please see the list below. The E-filling system is obviously more convenient and efficient, in particular, nowadays, distancing working is required/recommended during the outbreak of the COVID-2019 pandemic. 

E-filling of Trademark matters: 

1. Application for trademark registration; withdrawal of trademark application
2. Change of name/address of registrant/applicant
3. Change of regulations/authorized user of certification/collective marks; withdrawal of the change
4. Change of trademark agent/address for services; withdrawal of the change
5. Deletion of goods/services; withdrawal of the change
6. Recordal of assignment of application/registration; withdrawal of the recordal
7. Early termination of trademark license recordal
8. Removal of registered trademark; withdrawal of the removal
9. Recordal of trademark license; withdrawal of the recordal
10. Recordal of change of name of licenor/licenee; withdrawal of the recordal
11. Issuance of trademark registration certificate
12. Issuance of trademark registration certificate for international registration designating China
13. Correction of trademark application
14. Re-issuance of trademark registration certificate
15. Re-issuance of change of assignment renewal certificate
16. Change of agent (change of name/address of the agent 
17. Application for review of refusal

In addition, CNIPA offers applicants 10% discount of official fees if the application is filed via E-filling system. We set out the processes of the most popular use of applications for trademark registration i.e. E-filling Vs Paper filling as follows:

Processes

E-filling

Paper filling

Application form

Online input

Original signed application form

Filling time

Online submit before 8 pm on working days

Submit in person before 4:30 pm on working days; or

mail the application form by currier, but the filling date is the date when CNIPA confirms receipt

Corresponding

Notices of filling receipt, corrections (if any), refusal (if any), publication and registration

Electronically notifications

Paper notifications

Official cost

RM270/US$45

per application

RM300/US$50

per application

 

The comparison above shows E-filling is not only more flexible, but also time/cost effective. 

We therefore will use e-filing unless we are instructed to do otherwise, or in some cases when E-filling is not applicable.  For instance, the descriptions of goods are not in standard description. 

Should you have any trademark matters/questions pertaining to filling strategies and protection in China, please contact [email protected] or [email protected] and we will be pleased to answer and assist.

Disclaimer: This article is for reference only. Nothing herein shall be construed as Hong Kong legal advice or any legal advice for that matter to any person. Oldham, Li & Nie shall not be held liable for any loss and/or damage incurred by any person acting as a result of the materials contained in this article.

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