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Follow! The Measures for the Rapid Examination of Trademark Registration Applications (Trial) shall come into effect immediately

Release Time：

2022-07-18

In order to earnestly implement the decision of the Party Central Committee and The State Council on strengthening the protection of intellectual property rights, implement the reform measures of "decentralization service" in the field of intellectual property rights, improve the trademark examination system, better meet the differentiated needs of market entities, and serve the high-quality economic and social development, the State Intellectual Property Office has formulated the "Measures for the Rapid Examination of Trademark Registration Applications (Trial)", which is hereby promulgated. As of the date of promulgation. It is hereby announced. Annex: 1. Request for rapid examination of trademark registration application.docx 2. Guide for rapid examination of trademark registration application.pdf

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Announcement on the promulgation of the Measures for Rapid Examination of Trademark Registration Applications (Trial Implementation)

Announcement No. 467 of the State Intellectual Property Office

It is hereby notified the above.

Attachment：1. Request for rapid examination of trademark registration application.docx

　　　　　2. Guide for rapid examination of trademark registration applications.pdf

State Intellectual Property Office

January 14, 2022

Measures for Rapid Examination of Trademark Registration Applications (Trial)

Article 1 In order to serve the high-quality development of the country, implement the decision-making and deployment of the reform of "decentralization service" in the field of intellectual property rights, and promptly examine trademark registration applications involving national interests, social public interests or major regional development strategies in accordance with the law.These Measures are formulated in accordance with the relevant provisions of the Trademark Law of the People's Republic of China and the Regulations on the Implementation of the Trademark Law of the People's Republic of China and in light of the actual work on trademarks.

Article 2 An application for trademark registration under any of the following circumstances may request prompt examination:

(1) Involving national or provincial major projects, major projects, major scientific and technological infrastructure, major events, major exhibitions and other names, and trademark protection is urgent;

(2) During a public emergency such as a major natural disaster, a major accident, a major public health event, or a major social security event, which is directly related to the response to the public emergency;

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

(4) Other activities that are of great practical significance to safeguarding national interests, social public interests or major regional development strategies.

Article 3 An application for trademark registration requesting prompt examination shall simultaneously meet the following conditions:

(1) With the consent of all applicants;

(2) Electronic application;

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

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

(5) The designated goods or services are closely related to the circumstances listed in Article 2 and are the standard names listed in the Similar Goods and Services Sub-list;

(6) No priority claim has been filed.

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

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

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

(3) The relevant departments of the central and state organs, the provincial people's government or its general office issued recommendations on the request for rapid examination; Or the provincial intellectual property management department issued on the reasons for the rapid review request and the authenticity of the relevant materials.

Article 5 After accepting the request for expedited examination, the State Intellectual Property Office shall grant the expedited examination to those that meet the provisions of these Measures and make the examination decision according to law. Those that do not comply with the provisions of these measures shall not be examined quickly and shall be examined in accordance with the general procedures prescribed by law.

Article 6 Where the State Intellectual Property Office permits a 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 trademark registration application, the rapid examination procedure may be terminated and the general procedure prescribed by law shall be examined:

(1) The trademark registration application shall be corrected, explained or amended according to law, and the application review procedure shall be conducted on the same day;

(2) Where, after the trademark registration applicant has made a request for expedited examination, he has also made a request for suspension of examination;

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

Article 8 After an application for trademark registration under rapid examination has been decided according to law, in accordance with the relevant provisions of the law, the relevant subject may raise an objection to the trademark registration application that has been preliminarily examined and published, and file a review of the rejected or partially rejected application for trademark registration.

Article 9 The State Intellectual Property Office shall perform its duties strictly according to law, exercise its power impartially, accept the supervision of discipline inspection and supervision departments, and ensure the standardized and transparent operation of the rapid examination work under supervision.

Article 10 The measures for the rapid disposal of trademark registration applications that are likely to have significant adverse effects shall be provided for separately.

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 as of the date of promulgation. Other provisions relating to the rapid examination of trademark registration applications, where in conflict with these Measures, these measures shall prevail.

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