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For the duration of trademark business related to the epidemic, please see here

2020-03-11

On February 6, the website of the State Intellectual Property Office issued the answers to the questions about the duration of trademark business related to the epidemic situation (hereinafter referred to as the answers), informing the parties involved in the trademark business of the duration of trademark business affected by the epidemic situation in detail.


It is clear in the answer that the parties concerned shall handle the application, defense and supplementary evidence of trademark business correction, reply to the examination opinion, payment of trademark fees, application for providing use evidence and consultation reply on the same day, withdrawal of registered trademark for three consecutive years, non use of registered trademark, rejection of trademark review, non registration review, invalidation declaration review, cancellation of review, Novel coronavirus and novel coronavirus pneumonia should not be brought into the hospital within the statutory period or specified time limit, and the relevant period will be suspended from the date of the new cov infection due to pneumonia, or the day when the epidemic prevention and control measures in the area are not properly handled, and the party will be infected with the new coronavirus. Continue to count the day when the hospitalization, isolation, or return to work in the area and personnel control are completed.


It is also clear in the answer that when handling the above trademark business, the parties shall submit a written application for the suspension of the application period, which shall specify the area where the parties are located during the epidemic, the reasons for the obstacles to the exercise of their rights and the time for their elimination, and shall submit corresponding supporting materials. Certification materials include certification materials such as infection treatment, isolation or controlled period, except for the notice of delayed return to work publicly issued by the local government of the party concerned. In order to reduce the burden of the parties affected by the epidemic situation, if multiple similar business applications are suspended within the time limit claimed by the corresponding colleagues, only one supporting material may be submitted, and the supporting material shall be submitted with one of the cases. For other cases, only the application number of the case in which the supporting material is located shall be indicated in the application for suspension within the time limit.


In addition, if the party concerned fails to apply for renewal of trademark registration within the extension period due to the epidemic situation, which may result in the loss of its trademark rights, it may apply for renewal within two months from the date when the obstacles to the exercise of the rights are eliminated, and attach relevant supporting materials. (intellectual property rights report)

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