Many IP Offices around the world, have expedition request procedures in place for certain types of IP cases. For obvious reasons, expeditions need to be limited in some way, or most would seek expedition of their cases. China, in accordance with international standards, issued guidelines in March 2023, discussing when it will allow the expedition of trademark matters, such as assignments, licensing and renewals. Twelve months on, it is great to see that this system is working reasonably.
The guidelines state that expedition is possible, when a trademark owner or one of its cases, meets one or more of the following:
(1) The enterprise applies for a public listing;
(2) One its registrations is involved in pledge financing;
(3) Customs trademark registration issues are involved;
(4) Investigation and handling of trademark infringement cases is involved;
(5) Court or administrative proceedings are involved;
(6) Administrative licensing, administrative filings and other matters are involved;
(7) The need for major commercial activities, such as products entering shopping malls, supermarkets or e-commerce platforms, biddings, are involved;
(8) Other reasonable reasons that require expedition of cases.
In order to obtain expedition, a trademark owner’s agent must file an application in writing with the CNIPA, stating the reasons for expedition and attaching evidence to back up those reasons. Further, as with most dealings with the CNIPA, the agent must make a declaration of truth and honesty when filing the application for expedition. For now, no expedition fees are required, either upon filing of a request or the grant of such a request.
The application form and form of Power of Attorney can be found on the CNIPA’s site.
The guidelines state that expedition is possible, when a trademark owner or one of its cases, meets one or more of the following:
(1) The enterprise applies for a public listing;
(2) One its registrations is involved in pledge financing;
(3) Customs trademark registration issues are involved;
(4) Investigation and handling of trademark infringement cases is involved;
(5) Court or administrative proceedings are involved;
(6) Administrative licensing, administrative filings and other matters are involved;
(7) The need for major commercial activities, such as products entering shopping malls, supermarkets or e-commerce platforms, biddings, are involved;
(8) Other reasonable reasons that require expedition of cases.
In order to obtain expedition, a trademark owner’s agent must file an application in writing with the CNIPA, stating the reasons for expedition and attaching evidence to back up those reasons. Further, as with most dealings with the CNIPA, the agent must make a declaration of truth and honesty when filing the application for expedition. For now, no expedition fees are required, either upon filing of a request or the grant of such a request.
The application form and form of Power of Attorney can be found on the CNIPA’s site.