Monday, October 9 2023   \  Published by JD Supra.

New Changes in the Suspension of Trademark Refusal Review Cases and the Pre-registration of Administrative Litigation

New Changes in the Suspension of Trademark Refusal Review Cases and the Pre-registration of Administrative Litigation

Existing Problems

The number of existing valid registered trademarks in China is large, and the annual number of trademark applications is also large, which makes it difficult for enterprises to successfully register trademarks. According to the 2022 annual report of the China National Intellectual Property Administration (hereinafter referred to as the “CNIPA”), the preliminary approval rate of trademark applications is only 52%. In other words, about half of all trademark applications will be rejected or partially rejected. In refusal notifications, trademark applications often encounter obstacles of the prior trademarks. Among these prior trademarks, there are many registered but non-used trademarks, and the applicant needs to clear the obstacles by filing an application for cancellation against the registered trademark based on three consecutive years of non-use (hereinafter referred to as the “non-use cancellation action”) so as to enable its trademark application to smoothly proceed to registration. Read more

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