Previously, CNIPA sent notices and decisions on non-use cancellations to overseas registrants via registered mail. However, due to various reasons, these registrants often failed to receive the notices and missed the deadline for filing a response. Registrants were also unaware that the date they received the correspondence was important for setting response deadlines. This caused difficulties in compliance with CNIPA’s timelines. As a result, international registrations were cancelled based on non-use by the CNIPA. This procedural change by the CNIPA aims to resolve this issue.

If the international registration has a record of appointment of a Chinese trademark agency, relevant documents will continue to be served to that agency. If there is no such record, CNIPA will serve the documents to the registrants by forwarding the documents through WIPO.

Following electronic service, the deadline for filing a response to non-use cancellation is two months and 15 days from the notification date indicated in the notice’s cover page.

This change facilitates the protection of legitimate rights by registrants of international registrations and makes it easier for trademark counsel to assist their clients in responding to cancellation requests. It also reflects CNIPA’s strategic approach of digitising documents and streamlining the service process.