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Trademark practice – do I need to reply to a partial refusal of my trademark application in China if I agree to the examination’s consideration?
Time: 2022-07-04

Trademark practice – do I need to reply to a partial refusal of my trademark application in China if I agree to the examination’s consideration?

Allen G. Zhou | July 4 2022


So, last week, I got an inquiry from a colleague in Romania (Thank you Cristina Adriana SIRBU VULTUR). She told me that one of her clients got a notification of partial refusal when extending the protection of its Madrid application to China. In order for the trademark to pass, her client agreed with the examiner’s opinion. She asked me what should we respond to this?


In the beginning, I was very confused about this question because of the difference in trademark practice from country to country. 


I told her that we don’t need to reply to the partial refusal if the client wanted those accepted items or services only. 


In China, if the client wants to give up those listed rejected items or services in one trademark application, just let those be there, no need to respond. Then those accepted items or services will be granted, or more precisely post-granted as there is a stage called public for an opposition. This works for one direct trademark application in China or the trademark via Madrid application.


Then I learned that in Romania you have to make a short notice saying that you agree with the deletion of these services and send it to the Office.


Well, this post is to share the info on the difference in handling the partial refusal. Maybe you can also leave your comments to tell us how that work in your jurisdiction.


I guess this kind of difference contributes to the fascination of IP, and also the motivation for us the dig deeper in the IP area.

 


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