On May 20, 2020, the China National Intellectual Property Administration (CNIPA) announced that it now accepts online filing of trademark applications with non-standard specification.
China, a member to the Nice Agreement, applies a subclass system. The Official Classification of Similar Goods and Services issued by the CNIPA provides a standard list of goods and services, basically in line with the Nice Agreement, and according to the subclass system, which is the official guideline for the examiners to determine similarity of goods and services. The CNIPA also regularly updates and announces a list of acceptable items of goods and services as supplement to the standard list in said official classification.
Online trademark filings used to be only available for applications with the standard specification, or the acceptable goods and services announced by the CNIPA, while those applications for goods and services beyond the standard list had to be filed in paper.
Now online filing is allowed for all trademark applications, regardless the descriptions of goods and services. And online filing enjoys 10% discount off the official fee.
For applications filed online, the CNIPA will send all official notifications via email only to the trademark applicants or agents, which will further facilitate the paperless examination.
Applications with priority claim can also be filed online.
The CNIPA will examine the specification and may issue office actions to require the applicants to further specify and clarify the unacceptable items of goods and services. On the one hand, we hope that the examiners will become more tolerate to non-standard specification, so that more new and specific goods and services can be accepted. On the other hand, with the aim to further shorten the examination duration to four months by the end of this year, the examiners might be reluctant to give more opportunities for amendments or explanations of the non-standard goods and services. To avoid extra cost and delay in the procedure caused by office actions, or potential rejection due to unacceptable specification, we consider it advisable to comply with the standard specification as to meet the official requirements.
Originally published May 21, 2020
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