State Intellectual Property Office announcement

No. 467

In order to conscientiously implement the decisions and arrangements of the CPC Central Committee and the State Council on strengthening intellectual property protection, implement the reform measures of "delegating power, delegating power, delegating power, delegating power and improving services" in the field of intellectual property, improving the trademark examination system, better meeting the differentiated needs of market players, and serving the high-quality economic and social development, The State Intellectual Property Office has formulated the "Measures for Rapid Examination of Trademark Registration Applications (for Trial Implementation)", which are hereby promulgated and shall come into force on the date of promulgation.

Special announcement.

Attachment: 1. Request for Expedited Examination of Trademark Registration Application.docx

2. Guidelines for Quick Review of Trademark Registration Application.pdf

State Intellectual Property Office

January 14, 2022

Measures for Rapid Examination of Trademark Registration Applications (for Trial Implementation)

Article 1 In order to serve the high-quality development of the country, implement the decision-making and deployment of the reform of "delegating power, delegating power, regulating and serving" in the field of intellectual property, and quickly review trademark registration applications involving national interests, social public interests or major regional development strategies in accordance with the "Trademark Law of the People's Republic of China" " and the relevant provisions of the "Regulations on the Implementation of the Trademark Law of the People's Republic of China", and in light of the actual situation of trademark work, these Measures are formulated.

Article 2 An application for trademark registration under one of the following circumstances may request a quick review:

(1) It involves the names of major national or provincial projects, major projects, major scientific and technological infrastructure, major events, major exhibitions, etc., and the protection of the trademark is urgent;

(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, it is directly related to the response to such public emergencies;

(3) In order to serve the high-quality economic and social development, it is indeed necessary to promote the implementation of the outline for building a strong intellectual property country;

(4) Others of great practical significance for safeguarding national interests, social public interests or major regional development strategies.

Article 3 A trademark registration application requesting rapid examination shall meet the following conditions at the same time:

(1) With the consent of all applicants;

(2) to apply electronically;

(3) The trademark applied for for registration consists only of words;

(4) Application for registration of non-collective trademarks and certification trademarks;

(5) The designated goods or service items are closely related to the situations listed in Article 2, and are the standard names listed in the "Classification Table of Similar Goods and Services";

(6) No priority claim has been made.

Article 4 The following materials shall be submitted to the State Intellectual Property Office in paper form for an application requesting rapid examination of trademark registration:

(1) Request for rapid examination of trademark registration application;

(2) Relevant materials that comply with the provisions of Article 2 of these Measures;

(3) Recommendations on the request for rapid examination issued by relevant departments of the central and state organs, provincial people's governments or their general offices; or examination opinions on the reasons for the request for rapid examination and the authenticity of relevant materials issued by the intellectual property management department at the provincial level .

Article 5 After the State Intellectual Property Office accepts the request for rapid examination, it shall grant the rapid examination and make an examination decision in accordance with the law if it conforms to the provisions of these Measures. Those that do not comply with the provisions of these Measures shall not be subject to rapid review, and shall be reviewed in accordance with the general procedures prescribed by law.

Article 6 If the State Intellectual Property Office grants rapid examination, the examination shall be completed within 20 working days from the date of consent.

Article 7 In the process of rapid examination, if any of the following circumstances is found in the application for trademark registration, the rapid examination procedure may be terminated and the examination shall be conducted according to the general procedures prescribed by law:

(1) The trademark registration application should be supplemented, explained or amended according to law, and the same-day application review procedure should be carried out;

(2) After the applicant for trademark registration has submitted a request for rapid examination, he has made a request for postponement of examination;

(3) There are other circumstances that cannot be quickly reviewed.

Article 8 After an application for expedited examination for trademark registration is made in accordance with the law, relevant subjects may, in accordance with the relevant provisions of the law, raise objections to the application for registration of trademark registration announced in the preliminary examination and approval, and submit a rejection review for the application for trademark registration that is rejected or partially rejected.

Article 9 The State Intellectual Property Office shall perform its duties in strict accordance with the law, uphold public rights, and accept the supervision of the discipline inspection and supervision department in handling the rapid examination of trademark registration applications, so as to ensure that the rapid examination work operates in a standardized and transparent manner under supervision.

Article 10 The measures for the rapid disposal of trademark registration applications that are likely to have major adverse effects are separately stipulated.

Article 11 The State Intellectual Property Office shall be responsible for the interpretation of these measures. The Trademark Office of the State Intellectual Property Office undertakes the specific work of rapid examination of trademark registration applications.

Article 12 These Measures shall come into force on the date of promulgation. For other provisions concerning the rapid examination of trademark registration applications, these Measures shall prevail in the event of any conflict with these Measures.