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Amendments to Trademark Laws

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Sep 02, 2014 (Newsletter Issue 13/14)
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Notice on Division of Application

On 20 August 2014, the Chinese Trademark Office (CTMO) issued a notice on how a division of application is implemented, when the CTMO has rejected a trademark application in respect of partial designated goods. The notice informs about the following:

- The CTMO will attach a form of Division of Application when it issues Notification of Partial Rejection of Application.
- If the applicant requires a division, the executed Division of Application must be submitted to the CTMO within 15 days of the receipt of the CTMO’s Notification of Partial Rejection of Application. If it is not submitted within the prescribed period, the applicant is deemed to disagree with the division.
- After the division, the application with the provisionally approved items will generate a new application to be published with a new filing number but reserved original filing date; and the original filing number will be reserved for the application in respect of the blocked items due to the partial rejection, for the purpose of appeal proceeding before China Trademark Review and Adjudication Board (TRAB) or other subsequent proceedings.
- Each application for registration can be divided once only in the proceeding of rejection in respect of partial designated goods or services. Division is not applicable in other proceedings.
- There is no official fee for division of application.
- Once filed, the divisional application is irrevocable.

For further information, please see the article on 'CTMO Published Notes on Division of Application' from our Gold partner Peksung here.

Source: Peksung Intellectual Property Ltd., China