INTA Hosts Policy Dialogue with the China Trademark Office

The Trademark Office Practice Committee’s China Subcommittee (TOPC China) held a joint policy dialogue on May 7 with the Trademark Office (CTMO) of the China National Intellectual Property Administration (CNIPA). The dialogue focused on key issues related to recent practice changes involving non-use cancellation and other prosecution examinations.

Led by TOPC China Chair Mingming Yang (Wanhuida, China), the discussion covered the most critical concerns of INTA members in and outside of China, among them the following:

Latest Practice Changes Involving Non-Use Cancellation and its Evidential Requirements

A recent notification titled Cancellation of Registered Trademarks for Non-Use for Three Consecutive Years Without Justifiable Reason now mandates that applicants submit extensive evidentiary materials. These include, but are not limited to, information from the respondent trademark registrant’s official website, WeChat official accounts, e-commerce platforms, and offline production and operation premises, as well as materials obtained through online searches, market research, and field investigations. This requirement has placed burdens on applicants filing non-use cancellations.

In such context, TOPC China members met with the CTMO and cited INTA’s 2013 Board Resolution, Standing Requirements of Non-use Cancellation. They specifically referenced its stance that “any standing requirements for non-use cancellation actions are not overly burdensome and are satisfied if the Claimant meets low-thrshold criteria.” This position has attracted considerable attention from the CTMO.

Coexistence Agreements

It is reported that globally, more than 70 percent of jurisdictions accept trademark coexistence agreements or letters of consent. The inflexibility of this approach has caused significant problems for brand owners, including increased caseloads and a strain on resources. INTA has conducted deep research into consent letters and is planning to adopt a Board Resolution on this subject later this year.

Other Key Issues

Both sides also addressed other relevant issues, such as the identification and governance of trademark squatting for resale, improvements to CTMO’s online application system, examination standards for absolute grounds, and the examination of nontraditional trademarks, which have garnered significant attention from the CTMO.

Through INTA’s policy dialogue mechanism, the two sides will collaboratively address the prosecution practice changes that affect the validity of trademark protection in China.

INTA’s China Representative Office, based in Beijing, represents the Association’s members in China. Working in collaboration with staff at INTA’s headquarters in New York City, the China Representative Office leads the Association’s policy, membership, marketing, and communications initiatives in this jurisdiction. To learn more about INTA’s activities in China, please contact INTA Chief Representative for China Monica Su, and follow us on WeChat.

Although every effort has been made to verify the accuracy of this article, readers are urged to check independently on matters of specific concern or interest.

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