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Trademark Amendment

1.How to reply to the amendment notice? Do I need to pay extra fees?   

    The amendment notice will list the matter which needs modification and there are specific “instructions of goods/services items amendment” on the back of the notice. Applicant shall fill it out according to amendment requirement and instructions, and send it to the Trademark Office. No extra fee is needed for replying to the amendment notice.

2.Do I need to paste a new trademark sample when the trademark itself should be amended?

    Whether a new trademark sample is needed depends on the amendment content described in the notice. If a new sample is needed, the applicant then should print or paste the new trademark sample in the place required. For a colour combination mark or a common mark with colours, a coloured sample should be submitted. For a mark designated with no colour, the applicant should submit a black and white sample.

3.How to reply to the amendment notice when a copy of the source of writing method for the characters in the applied mark is required to be submitted?

    The applicant shall submit a copy of the pages in formal publications such as dictionaries, calligraphy copybook. The writing of the characters in the copy of source should be consistent with that in the trademark sample. 

    If the words are designed by the applicant itself, such fact should be indicated in the reply..

4.How to correct the non-standard goods name?

    The name of goods shall be specific, accurate and standard to illustrate the protection scope of trademark clearly. Applicants shall use the the name of goods and services in “Classification Book of Similar goods and services”. If the applicant does not want to use the existing items in the Book, it shall use specific, accurate and standard names according to classification principle and avoid using goods and services item names which are vague, broad and insufficient to classify its classes or subclasses.

    On the one hand, the name should be clear, accurate and accord with the language habits and characters usage rules of the public. For example, the applicant should not use the terms of “not belonging to other classes”, “belonging to this class”, “the above goods” and should avoid using the expression of “……, namely ……”. The applicant should use broad terms of “accessories of ×××”, “parts of ×××” but to use the specific goods names.

    On the other hand, the applicant needs to distinguish the adopted item names from other classes in order not to cause confusion or mistake. For example, “holiday camping service” is cross-class term. “Holiday camping entertainment service” belongs to class 41 and “holiday camping accommodation service” belongs to class 43.

5.I already submitted goods description in the filing and why the Trademark Office still issues an amendment notice?

    Goods description is helpful for the Trademark Office to judge goods’ classes and subclasses. But it does not mean that the name of goods could be accepted as long as a goods description is submitted. For example, “home appliances” is a commonly-used term for the products in daily life but it cannot be used for trademark registration because it is too broad and involves several classes in the Classification Book. In addition, multifunctional products can be classified in different classes on basis of the functions. Applicants can confirm the class based on its own actual conditions and choose one or more classes. The applicant shall use specific, accurate and standard names according to classification principles and avoid using goods and services item names which are vague, broad and insufficient to classify its classes or subclasses. 

6.How to correct the non-standard names which are commonly used in the related industries? 

    The name of goods shall be specific, accurate, standard to indicate the protection scope of the trademark clearly. For example, “notebook” is usually referred to as “laptop” in computer industry. It’s a non-standard abbreviation. Under the normal condition, “notebook” refers to paper stationary and belongs to class 16. In Class 9, you should use the item “laptop” or “notebook computer” for filing. Another example, “Electrical machinery” refers to power-generating or power-driven machine, including electric generator or electric motor. According to the classification principle at present, “electric generator”belongs to class 7, and electric motor is divided into “electric motor for land vehicles” and “electric motor, other than for land vehicles”. The former belongs to class 12 and the latter belongs to class 7. Applicant shall use specific, accurate and standard goods names in the filing.

7.I used the item names of a prior registered mark but I still received an amendment notice notifying that the item names are not standard. How to reply to the notice?

    The standard of goods classification is not unchangeable and the Nice committee of experts on classifications revises the Nice Classification regularly. Applicant shall file the application on basis of the latest version of Nice Classification.

8.This year the new edition of classification book is issued. I filed the trademark application in the last year, can I revise to the items added in the new classification book when replying to the amendment notice?

    Trademark applications filed before the issurance of new edition of classification book, the applicant shall adopt the classification principles as in the old edition.

For example, in the 2015 edition of “Classification Book of Similar Goods and Services”, “entomological pins” belongs to class 16. The 10th version of the Nice Classification added the item “entomological pins” in class 26 in 2016. Accordingly, 2016 edition of “Classification Book of Similar Goods and Services”, the item “entomological pins” is added in Class 26 and deleted in Class 16. If the applicant filed the application in 2015 and received an amendment notice in 2016, and if it wants to use the item “entomological pins”, it should file the term in Class 16 rather than Class 26.

9.I filed one trademark application with three classes and only one class needs to be modified. If the modification is not accepted, are there any influences for the other two classes?

    If the applicant does not reply to the amendment notice within the required deadline or the reply does not meet the requirements, the Trademark Office will reject to accept the trademark application. The rejection notice is made to the whole trademark application of the other two classes will also be rejected, and the filing date of the application will not be retained.

10.When will the amendment period start counting if I directly received the amendment notice from the registrational hall of Trademark Office?

    According to the regulations of the “Regulations on the Implement of the Trademark Law”, Where any document is sent to an interested party by the Trademark Office, the date of receipt shall be the date of receipt indicated b]- the postmark on which the interested party receives it if it is sent by post; where the date of Posting indicated by the postmark is i1legible, or where there is no postmark. the document shal1 be deemed to have been delivered to the interested party on the fifteenth day from the date of posting the document; the date of receipt shall be the date of delivery if it is delivered personally. Where any document cannot be sent by post or by personal delivery, the document may be served by making an announcement. At the expiration of the thirtieth day from the date of the announcement, the document shall be deemed to have been served.

    When the applicant receives the amendment notice in the registration hall, if China Trademark Office(CTMO) has not made an announcement or if the announcement is made no more than thirty days, the receiving date of the notice will be noted as the day of delivery. If the announcement is made for more than thirty days, the 31th day as of the public announcement will be regarded as the day of delivery.

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