In order to implement the decision and deployment of the Party Central Committee and the State Council to prevent and control the novel coronavirus pneumonia epidemic, and to effectively safeguard the legitimate rights and interests of trademark parties affected by the epidemic, the State Intellectual Property Office issued Announcement No. 350. The answers to questions about the deadline for handling trademark business related to the epidemic are as follows:

1. Which trademark business can be suspended during the applicable period?

The parties handle trademark business supplements and corrections, review opinions, payment of trademark fees, application on the same day to provide evidence of use and negotiation replies, cancellation of three consecutive years of non-use of registered trademarks, provide evidence of use, handle trademark opposition, trademark refusal review, and non-registration Reexamination, invalidation reexamination, revocation reexamination applications, defenses, supplementary evidence, as well as the request for invalidation, supplementary evidence, and other trademark services, due to the epidemic, which cannot be filed within the statutory or designated time limit, the relevant time limit is an obstacle to the exercise of rights Suspension from the date of occurrence, and the calculation will continue until the day when the obstacle to the exercise of rights is removed.

2. What are "the day when obstacles to the exercise of rights arise" and "the day when obstacles to the exercise of rights are eliminated"?

The day when the obstacle to the exercise of rights arises refers to the day when the party concerned began to be hospitalized or quarantined due to pneumonia caused by the new type of coronavirus, or cannot handle trademark business normally due to the epidemic prevention and control measures in the region.

The day when the obstacle to the exercise of rights is eliminated refers to the day when the person concerned is hospitalized and isolated due to pneumonia caused by the new coronavirus infection, or when the area where he is located begins to resume work and personnel control ends.

Based on the special circumstances of this epidemic, in order to maximize the protection of the rights and interests of the parties, if the parties have the above-mentioned time at the same time, the most favorable time for them shall be used as the day when the obstacle to the exercise of rights arises and is eliminated.

3. How to claim the suspension of the time limit?

When handling the above-mentioned trademark business, the parties shall submit a written application for the suspension of the applicable period. The application shall specify the area of the party during the epidemic period, the reason for the obstacle to the exercise of rights and the time of elimination, and submit corresponding supporting materials.

4. What kind of supporting materials can be submitted for the suspension of the claim period?

The party concerned shall provide proof of infection treatment, isolation or control period, etc., except for the notice of delayed resumption of work publicly issued by the local government of the party concerned.

In order to reduce the burden on the parties affected by the epidemic, if multiple similar business applications are suspended for the same reason, they can submit only one certification material and submit the certification material with one of the cases. For other cases, the application only needs to be suspended within the applicable time limit. The application number of the case where the certification materials are located is stated in the book.

5. What should I do if I fail to apply for trademark renewal due to the epidemic?

If the party concerned fails to complete the trademark registration renewal application procedures within the grace period due to the epidemic situation, which may lead to the loss of his trademark rights, he can apply for renewal within 2 months from the date when the obstacles to the exercise of rights are eliminated, and refer to Answer 4 and attach relevant certificates material.

State Intellectual Property Office

　　 February 6, 2020