The China National Intellectual Property Administration (CNIPA) has implemented a change in the procedure for delivering official documents in certain trademark matters. For cases including responses to trademark cancellation, opposition, and invalidation actions, the relevant official documents will no longer be automatically copied to the appointed trademark agency.
Under the new procedure, these documents will be served directly to the trademark's address on record (the registered address or contact address). This change may impact the timely receipt of documents if the address on file is not current or actively monitored, potentially affecting response deadlines.
In light of this procedural update, the following points may be considered:
1. Accuracy of Address Information: Ensuring the accuracy and currency of the "contact address" provided in trademark filings is essential. If an applicant's operational address differs from the official registered address, providing a reliable alternative contact address for receipt of mail is advisable.
2. Monitoring Official Publications: Regular monitoring of the official trademark gazette for relevant announcements (such as invalidation or service notices) is recommended to stay informed about proceedings that may affect one's trademarks.
3. Agency Representation in Response Proceedings: When a trademark agency is formally appointed to represent an applicant in response proceedings (opposition, cancellation, invalidation), the agency will receive the subsequent adjudication documents from CNIPA, which can then be forwarded to the applicant.
4. Review and Update of Existing Portfolios: It is advisable for trademark owners to review their existing portfolios to confirm the contact addresses on file. Address change requests can be submitted to CNIPA where necessary to ensure proper delivery channels.
This adjustment emphasizes the importance of accurate record-keeping and proactive management of trademark portfolios. Relevant parties are encouraged to review their own procedures to adapt to the updated document delivery process.
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