To earnestly carry out the decisions and arrangements of central committee and the State Council on strengthening the protection for intellectual property, implement the reform measures to streamline administration and delegate power, improve regulation, and upgrade services in intellectual property field, improve the system of trademark examination, thus to better meet the demands of different market main bodies and to promote the high-quality development of economy and society, the Measures for Rapid Examination of Trademark Registration Applications (for Trial) is formulated by the China National Intellectual Property Administration. The Measures is now released and effective as of the date of promulgation.

 

Hereby announced.

 

China National Intellectual Property Administration

January 14, 2022

 

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

 

Article 1 To promote the high-quality development of nation, implement the reform measures to streamline administration and delegate power, improve regulation, and upgrade services in intellectual property field, and examination rapidly trademark registration applications involving state interests, public interests or development strategies of major region in accordance with the law, based on the trademark work reality, this Measures is formulated according to the relevant provisions of the Trademark Law of the People's Republic and the Regulations on the Implementation of the Trademark Law of the People's Republic of China.

 

Article 2. A trademark registration application may be requested for rapid examination under any of the following circumstances:

 

(1) Where the trademark involves the names of major engineering in national or provincial level, major projects, major scientific and technological infrastructure, major competitions, and major exhibitions, and it is urgent to protect the trademark;

 

(2) Where the trademark is applied during the particularly major natural disaster, the particularly major accident, the particularly major public health even, or the particularly major social security event, and it is directly related to the response to that contingency public emergency;

 

(3) Where the trademark is necessary for promoting the high-quality development of economy and society and advancing the implementation of the outline of building an intellectual property powerhouse;

 

(4) Where the other trademarks that are of great practical significance to state interests, public interests, or development strategies of major region.

 

Article 3. The trademark registration application requesting for rapid examination shall simultaneously satisfy the following requirements:

 

(1) Agreed by all applicants;

 

(2) Apply electronically;

 

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

 

(4) Not collective trademarks and certification trademarks;

 

(5) The goods or services are closely related to the situations specified in Article 2, and their names are the standard forms listed in the Classification Table of similar goods and services;

 

(6) No priority is claimed.

 

Article 4. The trademark registration application requesting for rapid examination shall submit the following materials to the CNIPA in paper form:

 

(1) The request for rapid examination of trademark registration application;

 

(2) Relevant materials complied with the provisions of Article 2 of this Measures;

 

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

 

Article 5 Where the application complies with the provisions of the Measures, the CNIPA shall approve the request and make a decision on the examination in accordance with the law after accepting the request for rapid examination; Where the application doesn’t comply with the provisions, the CNIPA shall not approve the request, and the application shall be subject to the general procedure as provided by law.

 

Article 6 Where the CNIPA approves a rapid examination, it shall be completed within 20 working days from the date of approval.

 

Article 7. In the course of rapid examination, if a trademark registration application is found to be under any of the following circumstances, the rapid examination procedure may be terminated, and the application shall be subject to the general procedure as provided by law.

 

(1) Where the application for trademark registration should be supplemented, explained or modified in accordance with the law, and the same or similar trademarks are applied by two are more applicants for the same or similar goods;

 

(2) Where the trademark registration applicant makes a request for suspending the examination after a request for rapid examination is claimed;

 

(3) Where other situations under which rapid examination cannot be approved.

 

Article 8 After a decision has been made in accordance with the law to the trademark registration application for rapid examination, relevant bodies may, in accordance with relevant provisions of the law, raise an objection to the trademark registration application in the preliminary announcement and put forward a examination to the trademark registration application rejected or partially rejected.

 

Article 9 The CNIPA shall strictly perform its duties in accordance with the law and exercise its power impartially while handling the trademark registration applications for rapid examination, accepting the supervision of the commission for discipline inspection thus to ensure the standardized and transparent operation of the rapid examination work under the supervision.

 

Article 10 The measures for rapid examination of trademark registration applications that are likely to cause major harmful effect shall be stipulated separately.

 

Article 11 This Measures shall be interpreted by the China National Intellectual Property Administration, and the specific work of rapid examination of trademark registration applications shall be undertaken by the Trademark Office of the CNIPA.

 

Article 12 This Measures shall take effect as of the date of promulgation. In case of any other provisions on rapid examination of trademark registration applications conflict with this Measures, this Measures shall prevail.