ARTICLE
20 January 2022

CNIPA Announced TM Examination Acceleration Method (Trial)

TM
Toby Mak
Contributor
Dr. Toby Mak is somewhat unique as a registered Chinese patent attorney, as he was trained under the UK patent system, and has passed some of the UK patent attorney’s examination papers. He actively publishes articles on Chinese IP, and speaks on Chinese IP for various organizations around the world.
TM stands for trademark, not my initials...
China Intellectual Property
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TM stands for trademark, not my initials......

The method was announced on 14 January 2022 at the link below:

https://www.cnipa.gov.cn/art/2022/1/18/art_570_172818.html

[My personal views are in square brackets and italic below]

In order to enjoy such acceleration, in addition to filing a specific request, the followings have to be satisfied:

  • Meeting one of the following four conditions: (Article 2)
  1. It involves the names of major national or provincial projects, major projects, major scientific and technological infrastructure, major sport events, major exhibitions, etc., and the protection of the trademark is urgent; [Like Shanghai EXPO, Beijing Winter Olympics]
  2. During the period of public emergencies such as especially major natural disasters, especially major accident disasters, especially major public health incidents, and especially major social security incidents, and is directly related to such public emergencies; [Like COVID-19]
  3. Vital to serve the high-quality economic and social development, and for building a strong intellectual property country; [Whatever this means......]
  4. Others of great practical significance for safeguarding national interests, social public interests or major regional development strategies. [Everything under the sun could be relevant to national security in China]
  • The TM is a word mark only  (Article 3(3)).
  • Recommendations from a CN governmental organization (the relevant departments of the central and state organs, provincial people's governments or their general offices), or examination opinions issued by the intellectual property management department at the provincial level (Article 4(3)). [Because of this, all foreign entities are basically out. Whether this violates the WTO relevant rules, I will be grateful for education from experts]

The method pledges to finish the TM examination in 20 days from the date of acceptance of the request for acceleration (Article 6).

Not very relevant to foreigners I suppose.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

ARTICLE
20 January 2022

CNIPA Announced TM Examination Acceleration Method (Trial)

China Intellectual Property
Contributor
Dr. Toby Mak is somewhat unique as a registered Chinese patent attorney, as he was trained under the UK patent system, and has passed some of the UK patent attorney’s examination papers. He actively publishes articles on Chinese IP, and speaks on Chinese IP for various organizations around the world.
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