Opinions of the State Administration for Industry and Commerce on deepening the reform of trademark registration facilitation and improving the efficiency of trademark registration

Gong Shang Biao Zi [2017] NO.213

The administrations for Industry and commerce, the market supervision and administration departments of provinces, autonomous regions, municipalities directly under the central government, cities with separate plans and sub provincial cities, departments and subordinate units of the General Administration of the State Administration:
In order to thoroughly implement the nineteen spirit of the party and fully implement Xi Jinping's socialist ideology with Chinese characteristics, and implement the clear requirements of the nineteen major reports of the party on "strengthening the creation, protection and application of intellectual property rights", China's implementation of the "13th Five-Year" market supervision plan "on the implementation of trademark brand strategy" is implemented, and the quality and efficiency of trademark review are further improved. Give full play to the important role of brand leading economic development and create a good business environment. Now, the following suggestions are put forward on deepening the reform of trademark registration facilitation.
1、 Strengthen the reform and clarify the reform objectives
According to the decision-making and deployment of the CPC Central Committee and the State Council, the company will focus on the implementation of trademark brand strategy, deepen the reform of trademark registration facilitation, improve the system and mechanism of trademark review, focus on the international leading level, promote the overall improvement of the quality and efficiency of Trademark Review, effectively respond to the rapid growth of trademark registration application, and further shorten the business cycle of trademark review. At the end of 2017, the issuing time of the notice of acceptance of trademark registration application is reduced from 3 months to 2 months, the period of trademark registration review is reduced from 9 months to 8 months. By the end of 2018, the following objectives are achieved: the issuing time of the acceptance notice for trademark registration application is reduced from 2 months to 1 month, the period of trademark registration review is reduced from 8 months to 6 months, and the trademark transfer review cycle is from 6 months The period of trademark change and renewal review is reduced from 3 months to 2 months, and the blind period of trademark retrieval is reduced from 3 months to 2 months.
2、 Promote the simplification of government and decentralization and reform of the system and mechanism
（1） We will accelerate the construction of a trademark review and cooperation center. Based on the scale review capability of the existing Trademark Review and cooperation center, Chongqing Trademark Review and cooperation center formed the actual review capability in April 2018. Meanwhile, according to the actual increase of trademark application volume, 2-3 international trademark examination and cooperation centers are added in an overall plan. The existing Trademark Review and cooperation center should appropriately expand the scale and number of personnel according to the tasks undertaken.
（2） Improve the service level of local trademark acceptance window. Accelerate the approval of application setting in the local trademark acceptance window, and change the original centralized approval to follow the application with approval. Open the online application authority of local trademark acceptance window, add self-service terminal of personal online application, and expand the scope of trademark acceptance business. Arrange personnel to guide the parties to submit online applications, increase the functions of information inquiry of trademark business process, print and issue the notice of acceptance of trademark registration application, provide trademark business consultation, and further enhance public service ability.
（3） Strengthen the guidance and supervision of the Trademark Review and cooperation centers. Strengthen the post qualification assessment and quality supervision and management of the examiners, strictly implement the time limit requirements of all links of trademark work, and realize double random sampling inspection for the examiners and the contents of the examination. Strengthen the supervision and guidance on the implementation of the standards and work procedures, hold regular review business meetings attended by various trademark review and cooperation centers, jointly study major issues in trademark review business, and ensure the consistency of the implementation of the standards.
3、 Optimize the review process and improve the efficiency of the review
（4） Accelerate the issuance of the notice of acceptance of trademark registration application. We will increase the ability of pre-processing such as scanning input and book review, optimize the process links, strengthen node control and quantify the target tasks. In the first half of 2018, the electronic issuance of the notice of acceptance of trademark registration application and the online printing of the parties concerned will further shorten the issuance time.
（5） Shorten the blind period of trademark retrieval. The ability of formal examination of various trademark review and cooperation centers shall be increased, the staff of formal examination shall be enriched according to the proportion of substantive review, and the work flow of optimized form review shall be adjusted to shorten the blind period of external network retrieval.
（6） Promote electronic distribution of trademark business. We will integrate and simplify more than 400 trademark Book styles, and promote the gradual transformation of trademark business documents from paper mail to electronic distribution. We will accelerate the construction of electronic delivery and electronic registration certificate system, improve the transparency of process information, open SMS and email prompt functions, and replace and optimize some paper-based document issuing functions.
（7） Improve the efficiency of change, transfer and renewal review. We will continue to play the role of fast review channel for trademark follow-up business and support the development of real economy. The center for trademark examination and cooperation outside Beijing shall be reasonably assigned to undertake the tasks of change, transfer and renewal examination. Standardize the standards for trademark change, transfer and renewal review, and optimize the working process. Guide the parties to handle trademark change, transfer and renewal through online application, and improve the proportion of online applications.
（8） We will promote the sole responsibility system for trademark examination. According to the increase of trademark application, the number of substantive examiners should be appropriately expanded, the cultivation of independent reviewers should be strengthened, the assessment of independent qualification should be optimized and the size of independent reviewers should be expanded. We will accelerate the construction of Trademark Review Capacity of the Beijing Foreign Trademark Review and cooperation center, and shorten the period of trademark substantive examination.
4、 Strengthen technical support and improve intelligence level
（9） We will comprehensively promote the electronic application of trademark registration. On the basis of the electronic announcement of trademarks, the initial examination announcement will be issued within one week after the initial examination and approval of the trademark is realized at the end of 2017. The period from application to issuance of trademark registration certificate is shortened by 1 to 2 months. Accelerate the construction of electronic service and electronic registration system of trademarks, promote the construction planning and approval of online application such as trademark review, objection and cancellation for three years without use. In 2019, the whole process of electronic system construction of trademark public service will be completed.
（10） Improve the level of intelligent trademark examination. We will continue to improve and optimize the automatic system of trademark registration and management, improve the stability and speed of the examination system, and provide technical support for ensuring the efficiency of the examination. Establish trademark case database, which is convenient to search historical data. Establish an intelligent review assistant system, and use advanced technology means such as big data, cloud computing, full-text retrieval to assist in generating review review opinions. The paper explores the intelligent retrieval technology of graphic trademark, studies the optimization of Trademark Review and retrieval results through image recognition, machine learning and artificial intelligence technology, and improves the quality and efficiency of trademark image retrieval.
5、 Promote the revision of laws and lay a solid foundation for reform
（11） To study and simplify the acceptance conditions and examination of trademark applications. The requirements for disqualification of the main body qualification documents shall be cancelled and the application materials shall be simplified. The demonstration is made up for correction and payment links are arranged later, so that the acceptance notice can be issued first. Demonstrate the feasibility of canceling the relative reason review.
（12） Demonstrate and reform trademark objections and review procedures. The research reduces the legal period of objection application from 3 months to 2 months, the period of supplementary evidence is shortened from 3 months to 2 months, and the period of trademark confirmation is compressed.
（13） To explore the enhancement of the use of registered trademarks. The system of clearing up idle registered trademark according to its authority shall be established, the obligation of the trademark owner to provide evidence for use shall be increased within a certain period after registration and when the extension is extended, and the trademark hoarding and trademark registration for sale shall be avoided. We will increase the punishment for infringement and counterfeiting.
6、 Strengthen publicity and guidance, promote the common governance of society
（14） We will increase the publicity and popularization of trademark legal knowledge. The General Administration of the State Administration of China portal website, China Trademark network publicity function of the law. We must establish a long-term mechanism for publicity and publicity of trademark laws, make full use of the Internet communication platform, and promote the "Internet plus trademark law propaganda" action. We will actively carry out special activities such as "4.26 National Intellectual Property Publicity Week" and "May 10 China brand day". Release the annual development report of China brand strategy.
（15） We will strive to improve the level of social co governance. Strengthen communication with e-commerce platform, entity business super and other business entities, guide them to correctly understand the legal significance of trademark documents, avoid adding additional obligations to trademark applicants, and respond to the normal demands of stakeholders for trademark documents. The positive role of trademark agency to trademark work should be fully exerted, and the trademark applicant should be guided to know the trademark work and the expectation of trademark application. The quality and level of trademark agency should be further improved, the probability of trademark application correction, rejection, rejection and objection raised should be reduced, and the satisfaction of trademark applicant should be increased.
7、 Carefully organize and implement, ensure the reform effect
（16） Unify the thought and understanding. We should strengthen ideological guidance and effectively integrate ideas and actions into the requirements of "General Secretary Xi Jinping's" strengthening intellectual property creation, protection and utilization "in the nineteen major reports, and unify the decision making arrangements of the general Party's Party Committee on deepening the reform of trademark registration facilitation, and profoundly understand and further improve the trademark examination system and mechanism, improve the quality of trademark examination and the efficiency of examination. The importance and urgency of.
（17） Strengthen organizational leadership. The leading group of trademark reform of SAIC is responsible for the overall planning, comprehensively coordinating and promoting the reform, and studying and solving major problems encountered in the reform process.
（18） Improve coordination mechanism. Establish joint meeting system of trademark work, improve communication mechanism, and ensure smooth promotion of trademark business. The relevant departments and directly affiliated units of the general administration support the Trademark Review and cooperation centers to carry out their work and play a functional role.
（19） Guarantee funds in time. To meet the needs of the reform task, we should strengthen the guarantee of the trademark business funds and the information construction funds. Adjust the cost of single trademark application appropriately, and timely calculate and allocate the funds of trademark examination and cooperation center according to the annual review quantity and quality.
（20） Build a talent team. We will strive to promote the professional construction of Trademark Review and adjudication team, and constantly optimize and adjust and enrich the strength of the review and adjudication personnel. Support the establishment of the organization and staffing of the Trademark Review and cooperation center outside Beijing. To carry out the two-way registration of cadres of relevant departments of the General Administration and the Beijing foreign trademark examination and cooperation center. Strengthen the long-term management and training of trademark assistant personnel.
All units should unify their thoughts, gather consensus and form joint efforts to implement the requirements of "accelerating the construction of innovative countries" and "strengthening the creation, protection and application of intellectual property rights" put forward in the report of the 19th National Congress of the CPC, responding to social concerns, meeting social demands, solving practical problems of enterprises, taking the reform of trademark registration facilitation as the starting point, deeply implementing the brand strategy of trademarks, and promoting the implementation Now Chinese products are transformed into Chinese brands, and promote the sustainable and healthy and rapid development of economy and society.
State Administration for Industry and Commerce
November 14, 2017
remarks:
The effective date of this regulation is: November 14, 2017, and still valid as of 2020
Latest update: December 1, 2017