China: CNIPA Issues “Measures for Expedited Examination of Trade Mark Registration Applications”

The China National Intellectual Property Administration (CNIPA) has recently issued the “Measures for Expedited Examination of Trade Mark Registration Applications” (hereinafter referred to as the “Measures”), with the aim of enhancing the efficiency of trade mark examination. Applications that meet specific criteria will be examined within twenty (20) working days.

According to media reports, one of the principal objectives of these Measures is to further improve the quality and efficiency of trade mark examination, thereby accommodating the differentiated needs of various market entities.

Currently, expedited examination only applies to trade mark applications that pertain to national interests, public interests, or major regional development strategies. This includes, but is not limited to, the following circumstances:

• Trade mark applications involving strategic emerging industries or future industries at the national level;
• Trade mark applications relating to major projects, engineering works, or significant scientific and technological infrastructure;
• Trade mark applications directly relevant to the management of public emergencies;
• Other applications of significant practical importance for safeguarding national or public interests.

To initiate expedited examination process, applicants are required to submit a formal request for expedited examination, together with supporting documentation. Upon receipt of the request, CNIPA will review the application materials and, if the criteria are satisfied, will complete the examination process within twenty (20) working days. It should be noted, however, that expedited acceptance of the application does not equate to expedited approval of registration. After a decision is made in accordance with the law, the concerned parties may still file oppositions against trade mark applications that have been preliminarily approved and published. The applicant may also request a review after refusal of an application.

The Measures do not explicitly clarify whether the expedited examination mechanism is available to foreign applicants. However, given that the supporting documents are expressly required to include letters of support issued by provincial-level or higher governmental authorities, it appears that this expedited examination mechanism is intended to be available only to domestic applicants.

Notably, aside from the acceleration of the examination timeline, the mechanism appears to offer greater flexibility with respect to the descriptions of goods or services for which expedited examination is requested. Specifically, it is not required that the designated goods or services strictly correspond to the standard items listed in the local classification. Rather, descriptions of goods or services that are publicly recognized as acceptable by CNIPA may be used. This seems to suggest that there exists a certain degree of flexibility in the identification of designated goods or services in expedited examination requests.

It is well known that the average examination period for trade mark applications at CNIPA has already been significantly reduced from nine to twelve months to as little as three to four months. This accelerated examination period has been well received by many foreign applicants. Regrettably, however, it appears that the negative effects arising from the shorter examination period are now increasingly offsetting some of its intended benefits. Given CNIPA now receives in excess of six million trade mark applications annually, the challenge of conducting searches and substantive examination on such a vast number of applications within a shortened timeframe is undeniably formidable. While CNIPA has engaged a large number of assistant examiners to help ensure that applications are processed within a reasonable period, inconsistencies in the application of examination standards and a high refusal rate (as high as 40%) have emerged as significant side effects. Consequently, the high refusal rate has led to a substantial increase in non-use cancellation actions initiated by applicants seeking to clear prior obstacles, posing a new challenge for CNIPA. 

While applicants generally welcome efficient examination, they attach even greater importance to reasoned and non-discriminatory outcomes. How CNIPA will continue to balance efficiency and quality will undoubtedly remain a topic of great interest among international brand owners.