Question:
Under the third amendment to the Chinese Trademark Law, the Trademark Office must complete examination of a trademark registration application within nine months. Can this period be extended? Which periods are excluded from its calculation?
Answer:
The examination period cannot be extended. However, the following periods are excluded from its calculation:
1. The period during which a Trademark Office document is served by public announcement.
2. The period required to correct application documents.
3. For applications filed on the same day, the periods for submitting evidence of use, negotiating and drawing lots.
4. The period required to confirm priority.