China Trademark Office Published Notes On Division of Application

According to Article 22 of the new Implementing Regulations of China Trademark Law which came into effect on May 1, 2014, if China Trademark Office rejects a trademark application in respect of partial designated goods, the applicant can request to have the application with the provisionally approved items divided to be another application with reserved original filing date.

On August 20, 2014, the China Trademark Office (CTMO) published notes to detail how division of application is implemented.

• The CTMO will attach a form of Division of Application when it issues Notification of Partial Rejection of Application.
• If the applicant requires a division, the executed Division of Application must be submitted to the CTMO within 15 days of the receipt of the CTMO's Notification of Partial Rejection of Application. If it is not submitted within the prescribed period, the applicant is deemed to disagree with the division.