Key Update
The Chinese National Intellectual Property Administration (CNIPA) has stopped copying local Chinese trademark agents on notifications for international trademarks designating China through the Madrid System.
Since late last year, CNIPA now serves only the representative recorded with WIPO, or in some cases, the trademark holder directly.
Impact
In the past, representatives would be notified by local Chinese trademark agents when CNIPA issued Notices to Respond in non-use cancellations, oppositions, or invalidations.
With CNIPA’s recent change in practice — which may continue to evolve — and until further clarification is provided, representatives and holders of IRs must take a more proactive role in monitoring notices served directly by CNIPA. Local agents will no longer receive copies unless they are the WIPO recorded representative.
Needless to say, missing a response deadline in a non-use cancellation can result in the loss of a registration, so heightened vigilance is essential.
Until a new service mechanism is implemented, we should assume that ordinary mail remains the primary service method and plan accordingly.
Key Takeaways
- Verify your WIPO recorded address is accurate and able to receive ordinary mail.
- Keep the mailing envelope (or color scans of both sides) for each CNIPA notice, as the service date indicated on the envelope will determine the response deadline.
- Forward to your WBD Representative scans of the notice and envelope.
[View source.]
