By Ms. Haiyu Li, Lawyer at Chofn IP
On 22 November 2021, the China National IP Administration (CNIPA) published its updated Trademark Examination Criteria at its official website below, to take effect as from 1 January 2022. The current Criteria made in 2016 will be simultaneously annulled.
The new Criteria are composed of two parts, namely procedural and formality examination in the first part and substantial examination in the second part. This is the first time that the CNIPA clearly specifies the criteria relating to procedures and formality of different trademark matters, national and international, physical and electronic, including fees, gazette publication, delivery, classification of goods and services, classification of trademark elements for searches, docketing, etc.
The CNIPA aims to standardize all trademark examination procedures to keep all the criteria and law application consistent.