Response to Official Action

Response to office action refer to the situation where China Trademark Office (CTMO) issues a notice requesting for supplementary statement or document in prescribed period, the applicant needs to respond to such notice as required. The most common office action is an amendment notice.

What is trademark amendment?

Trademark amendment refers to the situation where CTMO advises the applicant to amend the content in an trademark application which does not comply with China Trademark Law on basis of Reply to Questions on Trademark Application Amendment issued by CTMO. After amendment, the trademark application shall be complied with China Trademark Law, which is the purpose of such amendment.

What are points that needs your attention in trademark amendment?

In process of trademark amendment, the applicant should amend the application strictly following the requirements in CTMO’s notice. If not, CTMO will deal with such matters based on different circumstances:

• If amendment of the trademark itself or the designated goods/service items is sufficient to make the application meet the requirements China Trademark Law, the applicant has the right to choose from the two options;
• If the applicant adopts a different way of amendment as to CTMO’s official notice and such amendment makes the application meet China Trademark Law’s requirements, CTMO cannot refuse the amendment. CTMO could only make the refusal on basis of China Trademark Law. Normally, CTMO requires for amendment as part of the application content or materials is not complied with the law and the purpose of amendment is to help you successfully file the application.