How to respond to a notification of correction of the Chinese Trademark Office?

After the application documents for trademark registration are filed with the Chinese Trademark Office, the Chinese Trademark Office will first undertake its formality examination. Upon examination, if the formal formalities for the application are complete and the application forms are filled out according to the relevant provisions, the Trademark Office shall give it a filing date and number and issue a "Notification of Acceptance". In accordance with Rule 12 of the Implementing Regulations of the Chinese Trademark Law, the date of filing of an application for trademark registration shall be the date on which the Trademark Office receives the application. If the formal formalities are not complete or the application forms are not filled out according to the relevant provisions, the application shall be returned to the applicant and no filing date shall be retained. Where the formal formalities are basically complete or the application form is basically in conformity with the relevant provisions, but there is still a need for the applicant to make necessary supplements thereto or corrections thereof, the Trademark Office shall give a "Notification of Correction" notifying the applicant to make such supplements or corrections as advised and require the latter to resubmit the supplemented or corrected application to the Trademark Office within 30 days from receipt of the notification. If it is supplemented or corrected and resubmitted to the Trademark Office within the 30 days, the filing date shall be retained; but if no such supplements or corrections have been made at the expiration of the specified period or they are made beyond the time limit, the application shall be returned and no filing date shall be retained.

The main contents of the "Notification of Correction" issued by the Trademark Office are: the name of the applicant is not correct, the trademark prints do not meet the requirements, the goods or services are not up to standard or specific, the goods or services overcross classes, lacks goods specification or photographs of the real goods, etc. Upon receipt of a notification of correction, the applicant should carefully study it and check the filing documents, make the corrections and re-submit them back to the Trademark Office within the time limit. For an application the applicant of which is a foreigner or foreign enterprise, the Trademark Office will send the notification of correction to its Chinese trademark agency (which is designated by the State to handle matters entrusted by foreigner or foreign enterprises). The Chinese trademark agency will carefully study the notification upon receipt, and forward it to the foreign applicant together with suggestions. The foreign applicant after receiving the materials from its Chinese trademark agency should also carefully study the notification and the correction suggestions, make its decisions as how to make the corrections, and instruct its Chinese trademark agency by fax to proceed with the correction. The Chinese trademark agency upon receipt of the instruction from the foreign applicant will respond to the Trademark Office accordingly.