Time limit for trademark reexamination applications
Provinces, autonomous regions, municipalities directly under the Central Government and planned cities Administration for Industry and Commerce: Since the beginning of this year, some local administration of industry and commerce and trademark agencies have sent letters and called the Trademark Review and Adjudication Board to inquire about the trademark review application time limit and the calculation of the date of application for extension. In accordance with the relevant provisions of the Trademark Law of the People's Republic of China and its Implementing Rules, the reply is as follows:
(1) Where the application for trademark review is received and issued by mail, the 15-day review time limit shall be calculated by taking the postmarks of the local post office for the receipt of the letter and the issuance of the letter respectively as the date of receipt and issuance of the party concerned; If the postmark is not clear or there is no postmark, the date marked by the Trademark Office of the State Administration for Industry and Commerce (hereinafter referred to as the Trademark Office) shall be extended by 20 days as the date received by the parties, or the date received by the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce (hereinafter referred to as the Trademark Review and Adjudication Board) shall be retroactive to 20 days as the date issued by the parties. When a party or trademark agency files a trademark review, it shall provide an envelope mailed by the Trademark Office in order to calculate the date on which the party received the notice of rejection from the Trademark Office.
The time limit for the review of an application for the Madrid International Registration of a trademark shall be calculated from the date indicated in the notice of rejection issued by the International Bureau. If the date of publication of the International Bureau cannot be provided, the date indicated in the notice of rejection of the mark sent by the Trademark Office to the International Bureau shall be counted.
A party applying for trademark review shall handle the matter within the time limit prescribed by law. Due to irresistible causes or other justifiable reasons, an extension of 30 days may be applied for before the expiration of the term. The application for extension shall be submitted within 15 days from the date of receipt of the notice of rejection by the Trademark Office, and the extension time shall be counted from the 16th day.
Because the time limit review of the application for trademark review can only be carried out when the application for review is received, the Trademark Review and Adjudication Board does not conduct a time limit review when it receives the application for extension, but conducts a time limit review when it receives the formal review. If the time limit is exceeded, the Trademark Review and Adjudication Board shall not accept the case and notify the parties or their agents in writing.
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