Recent Measures Introduced by CTMO

On March 24, 2016, the China Trademark Office (CTMO) announced the implementation of certain measures from that date.

  1. FAQ – An FAQ on trademark applications is put up on the CTMO’s website. The FAQ mainly deals with the practicalities involved in the filing procedures. While this may be a useful source for the basics, it does not provide anything new.
  2. Notarization – Notarization is not required for supporting documents for trademark applications for the portrait of a person or the name of a celebrity as a trademark, assignment applications, removals of registered mark, recordals of change of name or address in foreign language.
  3. Notices of Correction – Notices of Correction will provide, as appropriate to the case,more explanations or guidance to facilitate responses.
  4. Single set of evidence for multiple oppositions – For oppositions filed by the same opponent within one month, if all the evidence (not part of the evidence) is the same in all such oppositions and a complete set of the evidence is already filed in the first opposition at the time the opposition is filed, then the opponent is not required to file the evidence again in the remaining oppositions, provided that the opposition which has the complete set of evidence is clearly referred to in the remaining oppositions.
  5. Consolidation of oppositions – The CTMO may consolidate oppositions if the parties are the same, the opposed marks are the same, the same set of evidence is used or cross-oppositions are filed by the parties, or the CTMO considers that the other reasons as raised by a party satisfy the requirements for consolidation.
  6. Expedition of post-registration matters – The CTMO may expedite post-registration matters such as recordals of changes, assignment applications, renewal applications etc. if the applicant can explain with supporting documents the urgency and the reason for the expedition.
  7. Online database – The CTMO will improve the online trademark database by making timely updates, enhancing stability and improving the status check function etc. This is said to be most welcomed by practitioners and TRAB.

Rhonda Tin, Counsel

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