Share on LinkedInShare on LinkedIn

ARTICLE · 06 JULY 2023

Attitude Change For Letter Of Consent

In many countries and regions, if a mark is rejected by the Trademark Office with citing prior similar mark, a very common practice is that the applicant could seek for the letter of consent...

ChinaIntellectual Property

In many countries and regions, if a mark is rejected by the Trademark Office with citing prior similar mark, a very common practice is that the applicant could seek for the letter of consent from the owner of cited mark to overcome such rejection. For example, in Hong Kong, the examination rule is very flexible, and as long as the two marks are not identical, the letter of consent will be accepted. The China National Intellectual Property Administration ("CNIPA") used to have a more lenient approach towards accepting letters of consent in their examination process. However, their attitude has changed recently.

Attitude for the letter of consent

There are no formal regulations or notices issued by the CNIPA to clarify such change. However, as of the end of 2021, a more stringent examination is carried out on the letter of consent, and it will only be accepted by CNIPA if the marks have significant differences. If you are familiar with CNIPA's practice, then you

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

See more popular content from