𝗖𝗵𝗶𝗻𝗮 𝗧𝗿𝗮𝗱𝗲𝗺𝗮𝗿𝗸 𝗦𝗻𝗮𝗽𝘀𝗵𝗼𝘁: 𝗖𝗡𝗜𝗣𝗔’𝘀 𝗗𝗶𝗴𝗶𝘁𝗮𝗹𝗶𝘇𝗶𝗻𝗴 𝗮𝗻𝗱 𝗦𝘁𝗿𝗲𝗮𝗺𝗹𝗶𝗻𝗶𝗻𝗴 𝗘𝗳𝗳𝗼𝗿𝘁𝘀 𝗳𝗼𝗿 𝗧𝗿𝗮𝗱𝗲𝗺𝗮𝗿𝗸 𝗔𝗽𝗽𝗹𝗶𝗰𝗮𝘁𝗶𝗼𝗻𝘀
As China reopens its doors to the world, brand owners will undoubtedly look at shoring up their IP portfolios in China once again. Meanwhile, in the last few years, the China National Intellectual Property Administration (CNIPA) has introduced further measures to simplify and streamline the trade mark application process, including greater use of the e-filing system.
The CNIPA has, as updated by ELLALAN’s Non-Contentious IP Team, stopped accepting paper filings for reviews on refusal of trade mark applications from 1 November 2022, and they should now be filed electronically through the CNIPA’s official e-filing system. This is the latest in a string of the CNIPA’s efforts in improving digitalization of the trade mark application process.
Reviews on refusal must now adhere to the following:
1. All reviews must be filed through the official e-filing system; paper filings will not be accepted.
2. Review documents should not exceed 50MB (about 100 pages).
3. Supplemental submissions for the reviews (if any) should be submitted through the e-filing system within three months starting from the filing date of the reviews.
The CNIPA has also encouraged the filing of oppositions and invalidations through the e-filing system. Whilst this is not mandatory for now, Valerie Suen, Partner and Head of the Non-Contentious IP Team, expects the CNIPA to require these proceedings to become paperless in the near future as well.
The snapshot update is prepared by Valerie Suen (Partner), Vincent Lai (Associate) and Hazel Leung (Trainee Solicitor).