• Trademark Applications Increased Greatly Examination Time Limit Shortened to Six Months
  • 2017-11-23
  •     According to SAIC’s decisions on Trademark Registration Facilitation, the issuing of trademark application acceptance document shortened to 1 month from previous 2 months, trademark examination time limit shortened to 6 months from previous 8 months. Currently, China’s trademark registration accelerated greatly, 42% faster for the first 10 months.

      In the news conference on January 23, Cui Shoudong, deputy director general of Trademark Office expressed to greatly shorten trademark registration time limit. By the end of 2018, the target is to shorten examination time limit to 6 months, time to issue trademark application acceptance document to 1 month.

      Since the one year promoting of trademark registration facilitation reform, market entities’ trademark awareness enhanced daily and trademark applications increased quickly.

      For the first 10 months, trademark applications achieved 4.413 million, 0.722 million more than last year’s annual applications, increasing 42.85%. Online applications were 3.771 million, accounting for 85.45% of the total.

      Total applications were 3.69 million in 2016, accounting for 40% of world applications, 7 times of US’s application, 25 times of Japan’s application, 18 times of Korea’s application. It is estimated to achieve 5.5 million in 2017, and 7.5 million in 2018, about 20,000 applications each day.

      To respond the great increase in trademark application, SAIC actively took different methods. In 2013, examination time limit was 10 months, reduced 26 months compared with the figure in 2008. Since the legal provision on time limit in the new Trademark Law, trademark examination time limit was strictly controlled within 9 months.

      However this time limit was still long. Recently, SAIC’s Opinions on Strengthening Trademark Registration Facilitation Reform and Practically Improving Trademark Registration Efficiency was officially issued.

      The Opinion expressed to deeply implement trademark and brand strategy, trademark registration facilitation reform, to improve trademark examination mechanism, to work for achieving international standard, to improve trademark examination quality and efficiency, in order to effectively respond the quick increase in trademark application and shorten examination time limit.

      By the end of 2017, the issue of trademark application acceptance document was shortened to 2 months from 3 months, examination time limit shortened to 8 months from 9 months. Before the end of 2018, the issue of trademark application acceptance document would be shortened to 1 month from 2 month, examination time limit shortened to 6 months from 8 months, trademark transfer time limit shortened to 4 months from 6 months, change and renewal time limit shortened to 2 months from 3 months, blind date for trademark retrieval shortened to 2 months from 3 months.

      SAIC would promote the service of local trademark application window by several ways. It accelerated the examination and approval of local trademark application windows, and changed the centralized way of examination and approval to immediate examination.

      By October 27, trademark examination time limit shortened to 8 months, which was 2 months ahead of schedule. Meanwhile, online application ratio increased from 62.5% in 2013 to 85.45% this year. On November 6, e-Gazette system was available officially, which shortened 1-1.5 months waiting for trademark registration. At the same time, by optimizing procedure, simplifying materials and procedures for trademark application, opposition, Geographical Indication application, Madrid international trademark application, application acceptance document shortened within 3 months from 6 months.

      Currently, the provision of 9 months’ trademark examination time limit has achieved international level, ranking the leading position among developing countries. For US, the examination time limit was between 7 to 11 months, Japan was 7 months, Singapore 6 months, Russia 13 months, India 21-34 months. However enterprises still complained that examination time limit was long.

      Trademark examination time limit was not suitable for implementing State Council’s reform to delegating power, streamlining administration and optimizing government service, for enterprises’ innovation. There was a big conflict restricting trademark registration efficiency. To solve such a conflict, there must be a large number of stronger, more demanding and more practical methods, and more arduous and harder efforts.

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