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China – Trademark Electronic Application
15 7月 2020
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; ormail the application form by currier, but the filling date is the date when CNIPA confirms receipt |
| CorrespondingNotices of filling receipt, corrections (if any), refusal (if any), publication and registration | Electronically notifications | Paper notifications |
| Official cost | RM￥270/US$45 per application | RM￥300/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 vera.sung@oln-law.com or angel.luo@oln-law.com 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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